Legal Compliance

Protect Association from Document Discovery Pitfalls

February 10, 2017    

Legal problems for associations have evolved along with technology that while helpful, can also hurt board members and managers. With the help of technology, you might be able to conduct business more efficiently, but you also need to understand that a lawsuit will potentially require handing...

Carefully Check What Rights Power of Attorney Bestows on Nonmember

July 1, 2015    

Managing an association can be challenging enough when members are the only parties who can engage in community business like voting, or exercise rights, such as inspecting books and records. Requests for architectural changes to units or homes can get sticky, and so can disputes between members...

Review Governing Documents for Compliance with Solar Statutes

June 16, 2015    

For many homeowners who buy in a planned community, the rules and requirements in the association’s CC&Rs and bylaws keep the neighborhood clean, well maintained, and aesthetically pleasing, so worrying about a neighbor’s unsightly modifications to his home shouldn’t even...

Record Accurate, Timely Meeting Minutes

May 29, 2015    

Preparing community association meeting minutes may seem like it’s just a matter of “taking notes.” But don’t be fooled into thinking that minutes are merely a record of what has happened at meetings. Meeting minutes are not only a way to refer back to decisions that...

Are Politics Improper Use of Owner Email List?

May 13, 2013    

Technological advancements have made it easier than ever for association boards to get messages quickly and effectively to members, and for members to communicate with each other. Email and even an association blog or online newsletter could help you as a manager to keep your community operating...

Enforce Home Business Rules Consistently for All Members

March 14, 2013    

Home businesses are being operated more often than ever before, as a cost-saving measure or because it’s more convenient for the business owner to stay at home. But some associations restrict the kinds of businesses members can operate in their homes or prohibit home businesses altogether...

Don't Let Community Rules—or How You Enforce Them—Lead to Discrimination Claims

December 15, 2011    

Fair housing claims often stem from adverse actions taken against members for violating community policies or rules. In some cases, it's a claim of “disparate treatment—that is, that the rules are being selectively enforced because of a member's race or other characteristic...

New ADA Requirements May Affect Association Pools

December 28, 2010    

The Americans with Disabilities Act (ADA) applies to “public places” and not to private communities. However, if your community allows public use of its swimming pool or other facilities, you may be subject to the ADA and its most recent revisions.

In 2010, the U.S. Department...

Final Amendments to EPA's Lead-Based Paint RRP Rule Go into Effect

July 25, 2010    

On July 6, the final amendments to the U.S. Environmental Protection Agency's (EPA) Renovation, Repair, and Painting (RRP) rule went into effect. These amendments added new requirements to the relatively new rules that went into effect in April of this year and were discussed in detail in...

New EPA Rule Requires More Care Around Lead Paint

April 27, 2010    

On April 22, 2010, a new federal Environmental Protection Agency (EPA) lead-based paint rule called “The Renovation, Repair, and Painting Rule” took effect. The new rule requires managers and associations to follow lead safe work practices when disturbing a painted surface in pre-...

How Business Judgment Rule Can Protect Association from Lawsuits

December 28, 2009    

We live in an increasingly litigious society, where members sue association for decisions the board makes on their behalf. If the decisions turn out well, everybody's happy. If the decisions lead to unforeseen costly expenses to the community, some members might sue, regardless of the good...

Post Required Federal Signs for Association Employees

July 26, 2009    

Federal laws require employers including community associations and management companies to post signs explaining legal information to their employees. Failure to post the signs can cost as much as $10,000 per violation. Fortunately, compliance is easy. The signs are available free of charge...