Legal Compliance for Community Associations

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…

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…

A court case that sprang from a dispute over an owner’s chickens could upend the amendment process — as well as potentially invalidate existing amendments — in North Carolina and possibly elsewhere. (Bryan v. Kittinger*) “The court’s reasoning was kind of out of left field and caught everyone by surprise,” says David Wilson, an attorney…

The conundrum of whether to provide lifeguards is real. “It creates an interesting debate within boards, and not everyone agrees,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. “It’s not a bright-line issue with easy answers.” Here are some of the factors you should make sure your…

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents. And the impact of the ruling could be felt beyond Arizona’s borders. The case involved a small HOA outside Tucson, with only five lots. The lots range from 3.3 to 6.6…

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. When…

You’re probably very familiar with the different kinds of housing discrimination, but you might not be aware of a form of employment discrimination that could land you in hot legal water. Here’s what you need to know about family responsibility discrimination (FRD) and how to avoid it. What It Is Family responsibility discrimination, also known…

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow.”…

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents (Kalway v. Calabria Ranch HOA, LLC). And the impact of the ruling could be felt beyond Arizona’s borders. “This decision really calls into question the ability of HOAs in Arizona to…

Another election season is upon us, and that means political signs and flags are starting to pop up. Such displays can lead to some thorny situations for community associations. An association in North Carolina provides a good example of one risk. Local news outlets recently reported than an owner was notified that his Black Lives…