A recent meeting of the Rocky Mountain chapter of the Community Associations Institute (CAI) centered on issues arising from the passage of a 2012 Colorado referendum legalizing the smoking of marijuana and possession of as many as six marijuana plants. CAI addressed managers’ and associations’ fears about pot smoking in communities, including fielding complaints about the smell of marijuana.
Q: Your community just finished an extensive landscaping project to reseed lawns and replace plantings. To protect its investment, the community may adopt a rule prohibiting children from playing outside without violating fair housing law. True or false?
Spring is here, but it’s not too early to plan ahead for beating the heat if the community you manage experiences hot weather during the summer months. Keeping units and common areas cool during scorching summer months is especially important in certain types of communities—for example, communities whose residents are over a certain age and whose health conditions can be aggravated by excessive heat.
A Fairfax, Va., homeowners association spent big bucks on a small problem—and bankrupted itself in the process. The 44-unit townhouse community shelled out almost $400,000 in legal fees to fight a four-year battle with two unit owners who in 2008 placed in their yard an election sign that was four inches taller than the association’s covenants allowed.
Q: Some homeowners associations have an assessment bylaw that includes an annual cap on the amount that monthly assessments can increase without a vote of the members. Is this advisable?
Q: Your community allows pets, but limits their weight to no more than 20 pounds. If a disabled resident says she needs a larger dog as an assistance animal, must you consider making an exception to the weight restriction as a reasonable accommodation?
Proposed Florida legislation would speed up community associations’ ability to foreclose on houses or condo units with unpaid dues in the Sunshine State. Homeowners behind on their community-association dues would have to make good on the full amount before fighting the charges, under a bill filed by Sen. Alan Hays (R-Umatilla). The bill would also bring state oversight to Florida’s homeowner associations.
Does a community association have the right to demand rent from an owner’s tenant? Yes—at least in Florida.
Especially during the last economic downturn, associations have struggled to collect assessments from owners. In an effort to stabilize property values, the Florida legislature has empowered condominium and homeowners associations to demand rent from tenants occupying property where the owner is delinquent on his or her monetary obligations to the association.
Q: There are a lot of children in the community I manage who frequently use our playground. Most are with a parent or babysitter, but some of the older kids stay by themselves without supervision. Is my association required by law to make sure children are supervised in our playground?