Dispute Resolution

Lawsuits, Alternative Dispute Resolution, Preventing Disputes

How to Deal with Hoarders, Part Two: 5 Steps to Take to Tackle Hoarding

In the June 2020 issue of Community Management Association Insider, we explained why owners’ hoarding should matter to their associations and highlighted several red flags for such behavior. Now we dig into just what an association can do in such circumstances. “You need to be very careful with how you approach the situation because of…

Mediation Can Help Preempt Liability for Neighbor-to-Neighbor Harassment

Few community association board members ever want to get involved in neighbor-to-neighbor disputes — but, under a U.S. Department of Housing and Urban Development (HUD) rule, sticking their heads in the sand could result in association liability for harassment under the Fair Housing Act (FHA). “The HUD regulations were adopted in October 2016,” says Brendan…

How Associations Can Avoid Liability for Neighborhood Harassment

Several years ago, the U.S. Department of Housing and Urban Development (HUD) issued a final rule that makes community associations potentially liable under the Fair Housing Act (FHA) for harassment committed by third parties based on a protected characteristic — including neighbor-to-neighbor harassment. “The HUD regulations were adopted in October 2016,” says Brendan Bunn, a…

Managing Smoking, Pets, and Other Nuisances

More than 60 percent of American states have legalized some form of marijuana since 1996, and the legislatures in many of the holdouts have recently considered doing so. Those states with legal marijuana have seen it rapidly commoditized, with new businesses such as delivery services cropping up and becoming a part of homeowners’ daily lives.

Not surprisingly, the proliferation of pot has begun to have repercussions for community association managers, both as property managers and employers. Whether you live in a state where marijuana is fully legal, partially legal, or on the cusp of some degree of legalization, you need to know what that means on the ground.

This Special Report takes an in-depth look at some of the most pressing marijuana-related issues for community association managers and their clients and provides expert guidance on how to mitigate the associated risks.

Download now »

Recognizing the Telltale Signs of Hoarding

When owners volunteer for their associations’ boards of directors, they probably don’t expect that their responsibilities will include dealing with mental health issues, but they can and increasingly do — for example, when an owner appears to be a hoarder. While your clients may prefer not to get involved in such situations, that would be…

How to Deal with Hoarders, Part One: Identifying the Problem

Hoarding is more than just fodder for reality TV fans. The American Psychiatric Association (APA) has formally recognized it as a disorder that affects an estimated 2 to 6 percent of the population. According to the APA, sufferers excessively save items that others may view as worthless, leading to clutter that disrupts their ability to…

Owner Sues Manager and Board Over His Own Tenant’s Behavior

Owners renting their units can lead to all sorts of complications for a community, but, just when you think you’ve got your arms around the potential issues, another one can pop up. The manager and board of directors for a condominium association in New York City, for example, probably never considered the possibility that an…

Foreclosure Sales Prices Matter

Your clients may have the legal right to foreclose on a delinquent owner’s property, but that doesn’t mean they should — especially if the sale price is disproportionately low. That approach could backfire, with the sale overturned by the courts. A recent ruling from the South Carolina Supreme Court (Winrose Homeowners’ Ass’n v. Hale) drives…

When is a Foreclosure Sale Price Too Low?

Governing documents typically give community associations the right to foreclose on delinquent owners at some point. That right, however, doesn’t necessarily entitle an association to sell foreclosed property at whatever price it wants. A recent court case (Winrose Homeowners’ Ass’n v. Hale) drives this point home. A state Supreme Court found that the sale price…

The Dog Dropping Dilemma: Why DNA Testing Might Not Be the Answer

The idea of DNA testing to get to the bottom, so to speak, of dog droppings left around a community struck many as absurd when it first came on the scene. The practice remains far from widespread, but more associations’ boards are giving it a second look as they and their managers struggle to cope…