eAlerts


Court Finds HOA Liable for Familial Discrimination — Before Trial

A federal district court recently found that an HOA’s age-based rules regarding its recreational facilities were so obviously discriminatory that no trial on liability was even necessary. Do your associations know how to avoid getting themselves into a similar position? Brian and Anne Hill bought a single-family home in the 333-unit River Run HOA. They…

Are Your Clients Ready for the COVID-19 Long Haul?

You might make yourself your clients' MVP by helping them focus on the steps they can be taking now to make sure the long-term work in dealing with COVID-19 isn't as difficult as the initial steps for many community associations. For some parts of the United States, it seems that the so-called “first wave” of…

Access Easements Might Allow More Than Just Access

Easements are common in community associations, and, especially when high-value property is involved, can lead to costly litigation. Associations and owners may feel confident about the rights an easement conveys when they agree to it, but, as a North Carolina case recently demonstrated, easements are subject to expansion. That court, for example, that found an…

Mediation Can Help Preempt Liability for Neighbor-to-Neighbor Harassment

Few community association board members ever want to get involved in neighbor-to-neighbor disputes — but, under a U.S. Department of Housing and Urban Development (HUD) rule, sticking their heads in the sand could result in association liability for harassment under the Fair Housing Act (FHA). “The HUD regulations were adopted in October 2016,” says Brendan…

How to Combat the Risks of Reopening

When the severity of the coronavirus became apparent this past spring, many community associations responded by shutting down their common area recreational facilities, whether required by governmental order or not. As time has passed and governmental restrictions have been rolled back, they’ve had to figure out how to proceed with their facilities. Making facilities available…

Why Some Managers are Big Fans of Voluntary Employee Benefits

Surveys often indicate that compensation isn’t the most important factor in recruiting and retaining employees — but competitive packages, including strong benefits offerings, still play a critical role. And one area of benefits that gained a lot of attention in recent years is voluntary benefits. Unlike your “core” benefits like health and dental insurance, voluntary…

Refusal to Institute Smoking Ban Doesn’t Violate FHA

As the number of smokers falls, it seems the number of people irritated by smokers climbs — which can lead to problems in community associations. Things can get especially tricky when the irritated owner claims a disability. One such owner sued her association and its manager, alleging that their refusal to ban smoking amounted to…

Can the Coronavirus Excuse Contract Obligations?

The coronavirus crisis has thrown business as usual out the window. As your clients struggle to cope with the many effects, from operational to economic, they may be wondering about the enforceability of some of their vendor contracts in light of this unprecedented event. Depending on the circumstances, it possible that contractual obligations might indeed…

Recognizing the Telltale Signs of Hoarding

When owners volunteer for their associations’ boards of directors, they probably don’t expect that their responsibilities will include dealing with mental health issues, but they can and increasingly do — for example, when an owner appears to be a hoarder. While your clients may prefer not to get involved in such situations, that would be…

Lakefront Association Case Creates Waves Regarding Modification Requests

Every community association is its own animal, and that may be especially true for associations built along the water or in areas with special attractions. But, if you look past the superficialities, their disputes often have lessons for more “mundane” associations. That was the case with a Michigan dispute over dock rights. If they’re not…