Departments

No Requirement to Produce Records for ‘Improper Purpose’

Facts: A homeowner became treasurer of an association board. After looking at the association’s finances, he wanted to conduct an independent audit of the association’s books and records. The homeowner sent an email with the request for certain documents to the board’s president and the association’s management company. He claimed that the association refused to give him the documents he needed. The homeowner sued the association and the management company.

HOA Ruling Puts Voters on Level Playing Field

A San Diego Superior Court ruling has untangled a messy dispute for a California community association, ruling in favor of the association by confirming that the board’s bylaws and covenants, conditions, restrictions, and reservations must be followed for current and future HOA elections.

Survey: Association Member Satisfaction Stays Steady

Although negative or controversial items about homeowners associations tend to make their way into the news more than glowing reviews of planned community living, associations and their managers earned high marks according to recent Community Association Institute polls. The organization’s national survey has revealed that homeowners remain overwhelmingly satisfied with their communities, their homeowner leaders, and professional managers.

Must You Recognize Documents Certifying Assistance Animals?

Q: Our association has a no-pets policy. We think that a member is trying to pass off his pet as an assistance animal. He’s provided us with paperwork to document his claim, but it appears to be something he’s gotten online, not from his own healthcare provider. What should we do?

Adopt Written Conflict of Interest Policy for Board Members

Association boards are filled with people from all walks of life. And although the volunteer position offers no financial compensation, board members have considerable responsibilities. They are basically in charge of running a “business” with all the same attention paid to revenues, expenses, and assets. On top of carrying out the association's administrative duties, board members have to be concerned with exposing themselves to one of the perils of their position—the potential for conflicts of interest.

Appeals Court: PR Condo Association Discriminated Against Disabled Resident

HUD recently announced that it has won an important appeal in a fair housing case against a Puerto Rico condominium association for discriminating against a resident with disabilities by refusing to allow him to keep an emotional support animal.

How to Handle Requests for Assistance Animals

Disability discrimination claims account for more than half of all fair housing complaints, often based on disputes over requests by members and other residents with disabilities to have assistance animals.

There’s a lot of confusion over assistance animals, which can go by so many names—service animals, therapy animals, companion animals, emotional support animals—and there are different sets of rules on when, where, and what types of animals may be used by individuals with disabilities in various settings.

Avoid Accusations of Family Discrimination

For an association, its board of directors, or manager, there is never a good time for a lawsuit. If the association has been forced to sue a member due to chronic rule violations or unpaid assessments, it can lead to expensive and protracted litigation. And if the association is being sued, it faces those same problems. But in the case of a discrimination claim by a member, statutory fines and governmental involvement also pile on.

Send Notice of Upcoming Renovation

Common area renovation projects can be a nuisance to members. And while most members are usually supportive and tolerant of those projects because they realize they help to make the community a better place to live, not everyone feels that way. Frustration can crop up if members find that they have to unexpectedly put up with noise and construction, especially if it’s near their units.

Restrict Parking Spaces to Members Only

If your community includes mixed-use space, your association may be afraid that members will have to battle customers who are visiting retail stores or entertainment venues for parking spaces. But worse than that is the increased risk of crimes happening at the community if nonmembers have access to parking lots or garages. This can be commonplace if a member regularly rents out his space, creating a steady stream of strangers using that spot.