Departments

How and Why Your Association Clients Should Regularly Review Their Rules

Times change, but often association rules don’t. Here’s why and how your clients should conduct regular reviews of their rules. The Need for Review “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel, founding partner of Garfinkel Law, a full-service community association law firm in Florida. Regular…

Surfside Aftermath: New Florida Law Puts Managers Under the Gun

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

Florida Tackles Condo Repairs Reform — Will Other States Follow?

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

What Can Your Association Do When Owners Build Structures That Violate Covenants?

When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…

Court OKs Demolition of Construction That Violated Covenants

When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…

New State Law Could Make it More Difficult for HOAs to Collect Unpaid Fines and Fees

Community associations may find their hands tied when pursuing unpaid fines and fees due to a controversial new state law. Under the new law, which was enacted earlier this year, Colorado now prohibits community associations from seeking foreclosures against owners based solely on unpaid fines. Even if you’re not in Colorado, take note because our…

New Law Restricts Foreclosure Remedy

Colorado HOAs are prohibited from seeking foreclosures against owners based solely on unpaid fines under a new law enacted earlier this year. The law includes additional provisions that will tie associations’ hands in some significant ways when pursuing fines and fees. The Impetus According to The Denver Post, the law is intended in part to…

Can You Bring a Lawsuit on Behalf of Your Client Association?

When a manager brings a lawsuit on behalf of a client association, the other party is likely to claim the manager doesn’t have the “standing” to do so. In essence, the other party is claiming the manager isn’t the person harmed and therefore has no legal right to complain. This defense was recently raised by…

Proposed Legislation Could Provide Funding for Special Assessments

U.S. Representatives Charlie Crist (D-Fla.) and Debbie Wasserman Schultz (D-Fla.) recently introduced the Securing Access to Finance Exterior Repairs (SAFER) in Condos Act of 2022 (H.R. 7532). The legislation would allow condo owners to finance special assessments with loans backed by the Federal Housing Administration (FHA). But, if enacted, the law might not provide the…

Watch Out for Caregiver Discrimination

Family responsibility discrimination, also known as caregiver discrimination, occurs when employers discriminate against employees and job applicants based on their caregiving obligations — generally for children, adult children with disabilities, parents, or spouses. “If this wasn’t on employers’ radar before, it’s something they should absolutely think about and educate themselves on because the reality is…