eAlerts


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…

Who’s Responsible for Screening Tenants?

You and your boards might not like it, but some associations’ bylaws clearly permit owners to rent their units. So what does that mean for managers and boards? Do they have some responsibility for vetting prospective tenants? Not according to a New York state court (Kling v. The 129 Lafayette Street Condominium). The owner of…

Was the Manager Liable for an Owner’s Stabbing?

Violence is an unfortunate reality, and community associations and their managers need to prepare for the possibility of an owner falling victim and then seeking recompense from them. Preparation doesn’t necessarily require formal security precautions, though. Associations may be able to limit liability for themselves and their managers in their declarations. That’s what happened in…

Assessing the Need for Assistance Animals: The Latest Federal Guidance

Making the call on an owner’s request for a reasonable accommodation for an assistance dog under the Fair Housing Act (FHA) has grown increasingly difficult for many community association boards of directors, especially in the absence of up-to-date rules or guidelines from the U.S. Department of Housing and Urban Development (HUD). But now HUD has…

E-voting: Yay or Nay?

Not every state permits e-voting in community associations, and, even in those that do, many associations were slow to embrace it. But some communities are taking a second look, recognizing the numerous advantages. Your clients that are considering adopting the practice also need to consider the potential downsides, as well as what’s involved in implementing…

Should Your Clients Allow — or Build Their Own — Electric Vehicle Charging Stations?

We’re still far off from the flying cars promised by The Jetsons, but electric cars are a reality and, slowly but surely, gaining popularity. That’s particularly true among the next big generation of community association owners — Millennials. “According to Bloomberg New Energy Finance, 54 percent of all new car sales will be electric by…

Money Matters: Maintaining Your Clients’ Financial Health During — and After — the Coronavirus

The cororonavirus crisis has shaken the foundations of the economy, and savvy community association boards are already thinking about the implications for their financial footing going forward. In particular, many boards can expect to deal with owners struggling to pay their assessments. While compassion certainly is warranted, boards may find their hands more tied than…