Departments

By Andrea Brescia

The U.S. Department of Housing and Urban Development (HUD) recently ordered a condominium association in Puerto Rico to pay $20,000 in damages plus a $16,000 civil penalty for refusing to allow a resident with disabilities to keep his emotional support animal.

Eventually, a community association will face the question of whether to update its governing documents. Laws change, and with that, governing documents are superseded. Should your declaration be changed with every new law? When is the right time to address previously unforeseen quality-of-life issues? How do you update your governing documents so that they provide the framework for your association’s current and future needs, without creating unexpected problems?

Facts: A homeowner asked her HOA for permission to build a fence for her German shepherd puppy. Under its restrictive covenants, the HOA was required to answer an application for architectural changes within 30 days of submission. The HOA rejected her application.

Facts: A condominium owner who enjoyed playing tennis purchased a unit in 1986 that had a tennis court for the common use of all unit owners. Over the years, the tennis court fell into disrepair. In 2013, the condominium’s owners’ association (COA) proposed removing the tennis court and converting it to a different common use.

Facts: On Jan. 17, 2010, a pedestrian, while walking his dog, slipped and fell on patch of black ice in the roadway owned by the condominium homeowners association (COA). The COA had contracted out snow removal for the roadways and walkways to a landscape company for the 2009 and 2010 winter season. If a weather event met certain conditions, the contractor would automatically perform the snow removal. Otherwise, the COA would call the contractor for any additional services. The contractor last plowed the roadway on Jan. 2 and 4. At that time, sand and salt were applied.

In recent years, as more people have moved away from rural and suburban communities and into cities, demand for condos has surged. In most major metropolitan areas, prices for condos are increasing faster than single-family home prices, according to real estate website Trulia, and condo sales are gaining market share at the expense of other types of home sales.

Across the country, momentum has been building to legalize marijuana—at least for medical use. Though marijuana is still illegal under federal law, more than 20 states have adopted comprehensive medical marijuana laws—and more may soon follow.

By Andrea Brescia

Cell transmittal towers are popping up all over the country to serve the 91 percent of American adults who now own mobile phones. If your community is in a location where customers have reported a lot of dropped calls, a cell carrier could be interested in leasing the rooftop of your condominium or other community building. Service providers that are eager to place towers in strategically needed, high-traffic areas can be a good source of income for associations with available rooftops.

Facts: Since Feb. 1, 2008, the owners of a townhouse, with the approval of the condominium association, rented their unit to a couple with one child. The association had a rule that “[n]o townhouse shall at any time be permanently occupied by more than four (4) persons.” In August 2013, the couple gave birth to twins. In November 2013, the couple asked the owners for a 12-month lease extension. The association rejected the request.