Community Association Governance

Governing Documents, CC&Rs, Bylaws, Rules and Regulations

More Remote Work Means More Risks for Associations

The many domino effects of the COVID-19 pandemic and the ensuing recession include not only an increase in the number of people performing their current jobs from home, rather than at an office or other workplace, but also a surge in the number of home-based businesses. With so many people looking to replace lost income,…

Help Your Clients Avoid Stumbling into Fair Housing Problems, Part 2

In the December 2020 issue of Community Management Association Insider, we shared some ways that community associations can unexpectedly find themselves liable under federal and state fair housing laws. Here are few more missteps our experts have identified as potentially risky. Inadvertent Familial Discrimination JoAnn Burnett, an attorney in the Fort Lauderdale, Fla., office of…

COVID-19 Impacts: Handling the Jump in Home-Based Businesses

The many domino effects of the COVID-19 pandemic and the ensuing recession include not only an increase in the number of people performing their current jobs from home, rather than at an office or other workplace, but also a surge in the number of home-based businesses. With so many people looking to replace lost income,…

What Happens When an Owner Refuses To Rehome a Dog That Bites?

In the summer of 2019, an owner in the Parkview at Orion Commons Condominium Association chatted with his neighbor about the owner’s concerns regarding the long grass in the common area behind their properties. The owner and his wife worried that it was hospitable to snakes, rodents, and ticks that might enter their yard where…

When Can an Association Require Removal of a ‘Dangerous’ Dog?

Disputes over pet restrictions in community associations often are among the most contentious — perhaps never more so than when the association goes to court to get an animal removed after a biting incident. A recent case in Michigan illustrates how courts might tackle such disputes and how you can help your clients prepare to…

Court OKs the use of COVID Risk Waiver Forms

A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19. The court found an association’s requirement that users of the common area pool first sign an assumption of risk form reasonable. Such forms are becoming more common. “We have…

Court Upholds Mandatory Assumption of COVID-19 Risk Form

A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19. The court found an association’s requirement that users of the common area pool first sign an assumption of risk form reasonable (Norman v. Foxchase Owners Ass’n, Albemarle Cty. Oct.…

Court: Business Judgment Rule Doesn’t Apply to Association’s Assessment Allocation Scheme

You and your clients probably think the business judgment rule protects their good faith interpretations of their governing documents, but a recent ruling from the Washington Court of Appeals raises questions about that. The court held that the rule applies only to individual directors and not to associations themselves (Bangerter v. Hat Island Community Ass’n,…

New Hope for Dealing With the Issue of Short-Term Rentals

Even during the pandemic, short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions. “With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff,…

Be Careful Not To Overstep When Trying To Keep COVID Out

A Los Angeles condo association received bad news when it recently landed in court after prohibiting a disabled octogenarian owner and her two caregivers who had tested positive for COVID-19 from its high-rise building. Not only did the trial judge grant the owner a preliminary injunction preventing the association from blocking entry, he also found…