Featured Articles

Missouri Court Strikes Down Long-Standing Unanimous Consent Requirement to Amend Restrictions

The Missouri Supreme Court has rejected its long-standing rule requiring unanimous consent among owners to amend restrictions. The decision, which the attorney who represented the subdivision in the case described as a “sea change,” could have a ripple effect across other states when it comes to restrictions affecting a variety of hot topics in associations.…

Ho, Ho, Holiday Decorations: Exterior Lighting Case Highlights Limits to Board Authority

As the holidays approach, some community association boards and their managers will soon find themselves dealing with owners who draw the ire of their neighbors by going overboard. Before drafting or trying to enforce decoration and lighting restrictions, or any restrictions, you and your boards should confirm that they have the authority to do so.…

The Overtime Rules Change on January 1: Are You Ready?

After a years-long effort to update the federal rules regarding overtime compensation, the U.S. Department of Labor (DOL) has issued its final rule. The rule, which changes the eligibility standards for so-called white-collar workers, is scheduled to take effect on Jan. 1, 2020, so you need to act promptly to ensure your compliance and reduce…

Laws Bar Rules Against Religious Displays

A new California law taking effect Jan. 1, 2020, tackles restrictions on the display of religious items on owners’ entry doors and frames — and it won’t be the first such law in the United States. Other states, including Connecticut, Florida, Illinois, Texas, and Rhode Island have similar statutes. These laws might seen unnecessary in…

3 Hot-Button Parking Issues for Community Associations

Parking headaches rank high on the list of many community association managers’ ongoing irksome issues. You can reduce the headaches, though, by staying on top of emerging issues and planning how you’ll address them before they become a major problem. 1. Increased Demand for Disabled Parking By the year 2030, all Baby Boomers will be…

Could a Treasurer Be Defrauding Your Community Association?

In April 2019, an Iowa man pleaded guilty to a scheme to defraud his homeowners association out of almost $125,000, which he used in part to pay the mortgage on his unit. The scheme ran for nearly five years. The man, who served as treasurer, funneled the funds from an association account to another account…

The Kids are All Right: How to Avoid Familial Discrimination Claims

Attorneys who work in the fair housing arena report that claims of familial discrimination against community associations and their managers are on the upswing. On Aug. 29, 2019, for example, the U.S. Department of Housing and Urban Development (HUD) announced it was charging the owners and manager of a condominium complex with violating the Fair…

Why Your Clients Need a Formal Collections Policy

Too many community association boards of directors avoid the question of how to deal with delinquent assessments until it falls squarely in their lap. When that happens, some quickly pull the trigger and start pursuing foreclosure, while others drag their feet or attempt various ad hoc measures. You can help them avoid these potentially risky…

Associations Confront the Continuing Challenge of Short-Term Rentals

The short-term rental phenomenon spurred by Airbnb, VRBO, and the like has turned out to be more than a fad. Rather, it’s an ongoing problem for some community associations, particularly those in popular areas for tourists. Read on to learn how some boards of directors and managers are addressing it. A Sampling of Strategies As…

Religious Accommodation Goes Wrong: Court Finds Sex-Segregated Pool Hours Unlawful

A New Jersey condo association with a community pool thought it was bending over backward to accommodate its religious owners with the pool schedule. But its efforts to work with one protected class ended up inadvertently discriminating against another. Read on to learn how the association landed in court. Pool Rules Make a Splash The…