Featured Articles

Association’s Ultimate Victory Doesn’t Guarantee Attorneys’ Fees Award

When an owner drops a lawsuit against a community association, the association can recover its attorneys’ fees, right? Not necessarily. A California association recently learned this lesson the hard way (Champir, LLC v. Fairbanks Ranch Ass’n). Ironically, though, the court’s ruling could prove helpful for other associations. Traffic Light Project Halted In 2008, the association…

Here Come the Drones: What You and Your Clients Need to Know

The number of drones (also known as unmanned aerial vehicles) in the air overhead has been climbing steadily in recent years. If your client associations aren’t already dealing with the implications of both commercial and recreational drone usage, they probably will be soon. “Drone usage will be commonplace in the coming decade,” says community association…

Court Says HOA Can Revoke Dock Approvals

In 2020, the Michigan Court of Appeals issued an alarming ruling for associations in a case involving oral approval for the installation of docks. Now the state’s highest court has weighed in on the case with a ruling much more favorable for associations (Haan v. Lake Doster Lake Ass’n). A Scare from the Court of…

Do Associations Have a Duty to Provide Invitee Parking?

The California Court of Appeal recently ruled that a condominium association didn’t have a duty to provide adequate on-site parking for invitees and therefore wasn’t liable for injuries a guest sustained after parking off-site (Issakhani v. Shadow Glen Homeowners Ass’n, Inc.). But the court left the door open to an association’s liability for off-site injury…

Get Ready for the Changing of the Guard

Community associations across the country are seeing a change in their demographics, and with shifting generations come shifting demands. Is your management company prepared to appeal to younger generations who have different priorities and ways of conducting business than their elders? If you can’t answer in the affirmative, here’s what you need to consider. Shifting…

3 Tips for Effective Conflict Resolution

Conflicts, whether between the board and owners or among owners themselves, are inevitable. But successful resolution isn’t. Some of our experts have advice on how managers can help their boards handle these disputes so they don’t spin out of control. 1. Focus on the facts. “You have to get rid of the emotional baggage,” says…

Closed Session Dos and Don’ts

Closed sessions are among the most frequently abused governance tools in community associations, according to Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. “I frequently see boards conducting discussions in closed session where the topic really should be reserved for open session,” he says. Read on for some…

Building Bridges: How to Help Divided Communities Get Along Better

Community associations that harbor acrimony and hostility are among the most difficult to manage and govern. With the country seemingly at odds more than ever, managers need to step up and do their part to promote healing in divided communities. The State of Affairs “Associations are becoming more polarized,” says Brad van Rooyen, national VP…

Conflicts Kill Business Judgment Rule Protections

Conflicts of interest can strip board members of the protections they otherwise might have under the business judgment rule. A case involving a California HOA recently drove that point home (Coley v. Eskaton). “The case really demonstrates the limits of the business judgment rule and how it’s very easy to step outside the limits of…

On the Radar: Current Issues Confronting Community Association Managers

With COVID-19 vaccinations widely available and government restrictions dramatically loosened, community association managers have more bandwidth to deal with matters that might have been neglected during the pandemic. We asked some of our experts about the issues they were now turning their attention to. Unfortunately, while COVID concerns have receded, they’ve been replaced with a…