eAlerts


Corporate Buyers: Coming Soon to a Community Association Near You?

Corporate investors are snatching up homes in community associations across the country and renting them out. Not surprisingly, “regular” homeowners in these communities aren’t too happy with the results. “If a board thinks this will never happen because of the price points of their homes or whatever, they’re gravely mistaken,” says Scott Weiss, of counsel…

New Ruling Could Deter Owners’ Frivolous Claims

The Texas Supreme Court has ruled that an association can qualify as a “prevailing party” entitled to recover its attorneys’ fees under the Uniform Condominium Act (UCA) when it successfully defends against an owner’s claims. More than a dozen states have adopted some version of the UCA. The owner sued the HOA and its board…

New Ruling May Mean Less Leeway To Amend Governing Documents

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents. And the impact of the ruling could be felt beyond Arizona’s borders. The case involved a small HOA outside Tucson, with only five lots. The lots range from 3.3 to 6.6…

How To Stretch Sustainable Landscaping Dollars

We recently explained how associations ready to convert to sustainable landscaping can determine the degree of change their communities can stomach, as well as some of the initial issues to consider once that determination is made. Now, we’ll look at some of the ways that associations can make meaningful investments upfront and help offset their…

State Laws Force Associations To Get Onboard With Renewables

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. When…

Record Requests Can Be a Pain, But Compliance Is Often Required

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow.”…

Learn the Risks Relating to Political Signs and Displays

Another election season is upon us, and that means political signs and flags are starting to pop up. Such displays can lead to some thorny situations for community associations. An association in North Carolina provides a good example of one risk. Local news outlets recently reported than an owner was notified that his Black Lives…

Washington Court Says Board Has Wide Latitude to Set Assessments

The Washington Supreme Court has ruled that an HOA’s governing documents grant the board broad discretion in setting assessments. The court also ruled that the board’s decision on assessments was entitled to substantial deference — but not because of the business judgment rule. “This is a major win for associations in Washington state and may…

Know Where You Want To Go With Your Sustainable Landscaping Initiatives

As the effects of climate change become harder to ignore, more community associations are ready to move past debating the pros and cons of converting to sustainable landscaping and finally start the ball rolling. There’s no one-size-fits-all solution for every association. Multiple factors come into play, including geographic location and the owners’ appetite for change.…

Mixed Motives Help Sink a Resident’s Accommodation Request

If you and your clients have become hesitant to deny any request for an accommodation, a federal district court has just sent a message that denials made after a thoughtful and careful process may get more support than you’d have expected. Brenda and David Norman had lived in their home in Rancho del Lago at least six…