Departments

Amendment Prohibiting Renters Was “Reasonable”

Facts: The declaration of covenants and restrictions of a private residential community included an amendment that prohibited owners from renting their homes to tenants. After the association learned that one of the owners in the community was renting her home to a tenant, it sued the owner. The association asked the trial court for an injunction—that is, an order from the court to the owner to stop renting her home to the current tenant and not to rent to future tenants—without a trial. The trial court granted the injunction, and the owner appealed.

Owner Can Sue Association for Discrimination and Retaliation

Facts: An owner sued the homeowners association, two board members, and two employees of his condo complex for discrimination and retaliation, claiming that they had discriminated against his family on the basis of their national origin (Indian) by depriving them of services provided to white residents. The district court concluded that the owner's allegations were “insufficient to state plausible claims of discrimination or retaliation under the Fair Housing Act (FHA).” The owner appealed.

Age-Restriction Rules Challenge Set for Trial

A member of Bayside Estates, an age-restricted community in south Fort Myers, Fla., won't give up his right to let family, friends, and employees younger than 55 years old stay at his house. The community's homeowners association is just as determined to clamp down on the 76-year-old homeowner. In a letter to the member in 2008, the then-association president wrote that without rules there is “anarchy and disorder.”

How to Allocate Budgetary Surpluses

The financial health of a community association is one of the most important things that an association manager must constantly monitor. Without enough funds, the association's board of directors may struggle to cover costs, and may eventually have to increase assessments. Since the downturn in the economy, many associations have felt the stress of budgetary shortfalls. But as the economy improves, some are getting a pleasant surprise: They have a budgetary surplus, rather than a shortfall.

Association’s Boat Prohibitions Can Be Enforced

Facts: A homeowner bought a lakefront lot in a community association. Before the purchase, he received and reviewed the community association's covenants and rules. Shortly after moving in, the owner began storing a pontoon boat along the water's edge, which was part of the community's “green belt” area—that is, property around the lake and between the shoreline and the property of individual owners.

Census: Home-Based Businesses Booming

The most recent U.S. Census reports that there has been a sharp increase in the number of home-based businesses across the country. According to Census statistics, 51.6 percent of the country's businesses are operated within homes or other noncommercial spaces.

Augusta HOA Denies Housing for Disabled Veteran

Knob Hill Property Owner's Association in Augusta, Ga., recently denied housing to a retired, paralyzed African-American war veteran. The association claimed that the home would require specialized accommodations and that those accommodations would ultimately lower the overall property value of Knob Hill.

Florida Adopts New HOA and Condo Laws

New legislation in Florida, effective July 1, will have a major impact on both condominium and homeowners associations within the state. The legislation will primarily affect procedural and operational issues of the associations. Cooperative associations were, as they have been in the past, excluded from the bill.

The law, House Bill 1195, will amend current laws concerning owner privacy rights, employee salary information, and closed board meetings, among other things.

Retired Marine Wins Battle Over Flagpole

Retired Marine Mike Merola can now fly his flag on the 20-foot flagpole he erected on his property at the Lakeland Village Community Association in Houston, Texas. In December, Lakeland claimed that Merola was in violation of the community's design rules and ordered him to take down the flagpole. When Merola refused, the association sued.

Board Can Terminate Member’s Proprietary Lease

Facts: An apartment building tenant entered into a written agreement with her then-landlords, who wanted to turn the building into a co-op. Under the terms of the agreement, the tenant was permitted to continue living in the apartment and was given one share in the co-op, making her a “proprietary lessee,” in addition to being a co-op member.