Q: Why is it important for a community association to have moving rules? What points should moving rules cover?
In the wake of Hurricane Sandy, the U.S. Department of Housing and Urban Development (HUD) is giving more flexibility to 55-and-over communities who wish to help families who have been affected by the hurricane. HUD recently issued guidance that allows communities who have designated themselves “housing for older persons” the flexibility to open up vacant units to evacuees of Hurricane Sandy under the age of 55, without jeopardizing the community's qualification for certain legal exemptions under the Fair Housing Act.
An above-ground pool that two Pittsburgh-area community members built on their property is making waves after the association filed a lawsuit, alleging that the pool violates the Unity neighborhood development’s regulations and should be removed.
Members of a gated community sued the homeowners association for negligence after they were attacked in the home of one member by a known assailant. The members claimed that the homeowners association, which managed, maintained, and controlled the premises, failed to maintain an adequate level of security at the two entrance gates of the community. The court granted the association's request to dismiss the case without a trial.
Your association's board is often called upon to make judgments about various important community issues. A member might sue the association over a decision he or she thinks is in the interest of individuals on the board and not in the best interest of the association. A member might sue an association based on the concept of fiduciary duty. A fiduciary duty is a legal obligation imposed on all board members. It refers to their duty of loyalty to the association. Board members have a fiduciary duty to the association.
If the community you manage is considering setting an “acceleration” policy to cut down on the number of delinquent monthly assessments, make sure you know how it works.