Departments

Attorney’s Fees Must Be ‘Reasonable’ in Wrongful Foreclosure Action

Facts: After a homeowner stopped paying his association dues, the association filed a notice of lien and election to sell his home. The homeowner didn’t pay the delinquent dues, and the association sold the home at foreclosure, to itself, for a minimal amount. The homeowner sued for wrongful foreclosure, and the district court ultimately ruled in favor of the association without a trial. It also awarded the association attorney’s fees. The homeowner appealed.

Renter Could Benefit from HOA Maintenance Contract

Facts: A renter in a condominium building slipped and fell on ice, suffering injuries. She sued the condo unit owner, the association, and the management company for breach of contract under the theory of implied warranty of habitability, and negligence. All three parties asked a district court to dismiss the claims.

Decision: A Pennsylvania district court denied the parties’ request and ordered a trial.

Do You Know How to Prevent Noise Complaints?

For many members, the upside of community association living is the ability to have some control over their lifestyle by agreeing to comply with rules aimed at creating a pleasant environment. Governing documents and bylaws that set rules and expectations for peaceful living and provide mechanisms to enforce compliance—like fines—go a long way toward keeping things in check.

Focus on Community Road Safety

Too often, speeding in the community endangers homeowners and guests, especially children. Reducing traffic speed on community roads is key to ensuring a safe environment. So, before tragedy strikes, explore whether “traffic calmers”—also known as pavement modifications—are an option for your community. Traffic calmers are physical changes made to a road, which prevent cars from speeding. These changes include speed bumps, speed humps, and speed ridges (also known as rumble strips).

Use Inexpensive Devices to Prevent Common Area Damage

If there are disabled members who use wheelchairs in your community, you may notice damage in common area spots. Fortunately, by installing a few inexpensive devices, you can prevent most of this damage. Have your maintenance staff install these devices to protect the three parts of common areas that most frequently take abuse from wheelchairs:

Employ Five-Part Strategy to Prevent Noise Complaints

For many members, the upside of community association living is the ability to have some control over their lifestyle by agreeing to comply with rules aimed at creating a pleasant environment. Governing documents and bylaws that set rules and expectations for peaceful living and provide mechanisms to enforce compliance—like fines—go a long way toward keeping things in check. But unlike cut-and-dried infractions, such as painting a home in a color that isn’t in the association’s color palette, “noise” is highly subjective.

NYC Co-op Accused of Denying Disabled Residents Emotional Support Animals

A large cooperative apartment complex in Brooklyn, N.Y., is in hot water following allegations that it refused to allow residents with disabilities to keep emotional support animals—an issue that has come to the forefront recently in national news. The Justice Department took action by filing a fair housing complaint against the 1,144-unit building.

Angry Association Homeowners Enlist News Channel

A Florida couple whose home was foreclosed on and sold at auction after they failed to pay late assessments has gotten a second chance. The couple, whose past-due assessments totaled $1,900, enlisted the help of a local news channel to garner support for their argument that it was unfair for the association to resort to such drastic measures.

The association asserted that it was within its legal rights to foreclose on and sell the home, since the governing documents for the association permitted it.

Homeowners Up in Arms After New Management Enforces Rules

Controversy and hard feelings have emerged from a change in management at an Arizona homeowners association. Fearful that things would turn ugly at an annual association meeting, the board of directors brought with them two attorneys and a security guard.

HVAC Equipment Encroached on Common Area

Facts: A condominium building contained several residential units and one unit for commercial use. When the condominium was initially built, the board of directors was run by the sponsor. It permitted the commercial tenant to install an HVAC unit on the rooftop common area. Several unit owners became board members later. On behalf of all owners, a board member sued the commercial tenant—a business owned by the sponsor.