Departments

Facts: A condo association for residents age 55 and over hired a manager to perform the snow and ice removal services for the property, except for a recreation area that's closed during the winter. Although the area's pool and tennis courts aren't in use, there are no barriers to cordon off the recreation area to pedestrians or signs posted to indicate that the sidewalk is closed, and the members aren't otherwise advised to stay out of the area.

It looks like a dispute over holiday decorations in a Lake County, Fla., planned retirement community will continue to drag on into 2012. The homeowner at the center of a previously resolved religious discrimination controversy allegedly violated a confidentiality agreement barring him from discussing the issue.

Facts: An owner in a private residential community complained to the homeowners association that it was failing to enforce the terms of the declaration of covenants as to certain homeowners. The owner alleged that several other owners made changes, modifications, or improvements to their homes without first seeking the association's approval. Under the declaration, changes must be approved first by the association. The owner asked the association to enforce the terms of the declaration, but it refused.

The most unique house in Salt Lake Valley, Utah, is creating controversy among neighbors in a quiet Herriman planned community. Many of the community's owners said they were attracted to the area by the “muted” paint tones of the homes there. The yellow, orange, green, and lavender color palette of the controversial house—inspired by the Disney-Pixar cartoon movie “Up—has drawn national attention for its retro design and bright siding.

Smoking not only poses dangers such as fire and health risks to a community, it also annoys nonsmoking members and their guests, resulting in more complaints that you have to address. Cigarettes or cigars that haven't been completely extinguished can spark flames. And secondhand tobacco smoke—Environmental Tobacco Smoke or ETS—has been classified by the Environmental Protection Agency (EPA) as a “Group A” carcinogen, a known cause of cancer.

Community members may want to inspect the records of their association for a variety of reasons, some legitimate and some improper. It may be hard to tell whether a member wants access to records for a harmless reason, to harass the association, to gather confidential information to which the member isn't entitled, or for information that will support his case if he's planning to sue the association. This makes it difficult to know when to grant and when to deny requests when they're made.

Facts: A member in the penthouse apartment of a New York City cooperative building sued the co-op, its board, and its manager, claiming that they failed to maintain the building in good repair and that they concealed from the co-op's members that dangerous problems existed in the building's fireplaces and flues.

In a new proposal, Marin County, Calif., health officials are circulating an ordinance cracking down on smoking in multi-unit apartment and condominium complexes. The antismoking law, due for review by county supervisors in December, is almost identical to the ordinance adopted earlier this year by Larkspur, Calif. That city's ordinance bars residents from lighting up in most condominium and apartment units. County officials have said that the smoking crackdown is necessary to “preserve healthy communities.”

Faced with a growing number of complaints from Colorado homeowners about American flags, access to financial documents, and the right to speak up at meetings, the Colorado Legislative Action Committee of the Community Associations Institute (CAI) is asking the state to investigate the need to license community association managers.

Facts: The parents of a teenage son owned a unit at a complex containing 372 condos on approximately 27 acres. One night, the son's friend arrived at the complex with a classmate to visit the son. The three left the condo and walked to the friend's car. As they approached the vehicle, the friend noticed three individuals sitting in a car “about three spaces down” from his.