eAlerts


Purchasing Defibrillator for Association Use

While it’s true that the FDA recommends that people have defibrillators on hand to help someone in case of a heart attack, that doesn’t necessarily mean that your association should consider buying one and training someone, such as a board member, in how to use it. That’s because, although having a defibrillator on hand might…

What Are My Board Member Rights Regarding Slander?

Q: I’m a board member of a community association. At our annual meeting of the members, another member accused me of accepting a kickback from an electrician for a major job at our community. Can I sue the member for slander, for making this false statement about me? A: Yes, you can sue. But, depending…

Maui Association’s Budget Earmarked for Scholarships

Several graduating seniors from a Maui, Hawaii, high school have received scholarships totaling $18,800—courtesy of the Wailea Community Association. A reception was held at a local restaurant to honor the seven graduates. The Wailea Community Association is made up of businesses and homeowners who, as members, contribute to the annual scholarship fund; a portion of…

Initiating Assessment Collection Process

If a member of the community you manage has fallen behind on his assessment fees–and even the association efforts to assist him haven’t helped him to get current on the charges–what’s the next step it can take to recoup what it’s owed? In cases like this one, your association has three options: (1) file a…

HOA Rents Out Home It Doesn’t Own

The owner of a home in a Wesley Chapel, Fla., development was shocked to find out that her tenant had been evicted by the homeowner’s association, which changed the locks and moved in its own renter. The owner said that the home hasn’t been foreclosed on, but that the association still has taken it over.…

Unauthorized Community Garden Sprouts Lawsuit

In Portsmouth, N.H., the 23-unit Atlantic Pointe condominium association is suing two members for planting heirloom perennials, shrubs, and other plants in the mulched common areas adjacent to their units. The members, who say they received permission from the developer before owners took over the association in 2010, defended their decision to plant the garden,…

Can Landscaping Make Community Safer?

Q: Landscaping is often overlooked as a security method. How exactly would landscaping deter crime? A: Since criminals usually like to take their victims by surprise, they tend to commit crimes in places that offer them hiding spots. Dense hedges or bushes or trees with low-hanging foliage at a community can provide perfect cover for…

Avoiding HOA Rule Selective Enforcement Claims

Q: Do the courts hold an association responsible for enforcing every community rule? A: How strictly HOA rules are enforced varies from community to community. Some rules and regulations are necessary for a board to enforce, especially when a member creates a problem that could affect the health and safety of other members. In such…

Bill Shields Developers from HOA Claims of Shoddy Work

Florida Gov. Rick Scott must make a decision on legislation that could wreak financial damage on homeowners associations. The proposed law, Senate Bill 1196, shields developers against claims from the Sunshine State’s homeowner associations when they ask for payments to repair poor work on common-area infrastructures. The bill’s builder-friendly protections are being criticized by planned…

INSIDER’s Pop Quiz!

Question: To cut down on payroll, would it be okay for an association to lay off some of its maintenance crew and rehire them as independent contractors? Answer: It would be a big mistake. Tax authorities would be quick to reclassify such workers as employees. For more information on the tax consequences of employees vs.…