Community Association Governance

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

How Your Association Clients Can Reduce Fire Risks Caused By Mobility Devices

In November 2022, a lithium-ion battery that was charging caused a fire in a Manhattan high-rise building, injuring nearly 40 people. The fire was one of almost 200 caused by such batteries in New York City last year, resulting in 10 deaths and more than 200 injuries. Along with other fires across the country, it…

Court Says Associations Can’t Ban Sex Offenders

A Pennsylvania court shot down an association’s attempt to prohibit lifetime registered sex offenders from living in its community. It made clear that associations can’t impose their own restrictions because the state already regulates where sex offenders can and can’t live (Lake Naomi Club, Inc. v. Rosado). The desire to keep sex offenders out of…

Are Community Associations Responsible for Lot Erosion?

A Kentucky couple claimed that they shouldn’t have to pay assessments on their two lots because, as a result of erosion, one had “ceased to exist as a recognizable land mass.” The state court of appeals disagreed (Thompson v. Lake Cumberland Resort Cmty. Ass’n). William and Theresa Thompson own two lots in the Lake Cumberland…

Get Ahead of the Curve: Mobility Devices Pose Fire Risk

In November 2022, a lithium-ion battery that was charging caused a fire in a Manhattan high-rise building, injuring nearly 40 people. The fire was one of almost 200 caused by such batteries in New York City last year, resulting in 10 deaths and more than 200 injuries. Along with other fires across the country, it…

Lot Erosion Doesn’t Erode Obligation to Pay Assessments

A Kentucky couple claimed that they shouldn’t have to pay assessments on their two lots because, as a result of erosion, one had “ceased to exist as a recognizable land mass.” The state court of appeals disagreed (Thompson v. Lake Cumberland Resort Cmty. Ass’n*). The Lay of the Land William and Theresa Thompson own two…

3 Chronic Rule Violations and How Your Association Clients Can Get a Handle on Them

Most managers agree that dealing with rules violations is the worst part of their jobs. It doesn’t help that the same ones seem to occur again and again. Here are some of the violations that won’t seem to go away and how some associations and managers are tackling them. Associations have implemented a variety of…

3 Rule Violations That Won’t Go Away — and How to Handle Them

Most managers agree that dealing with rules violations is the worst part of their jobs. It doesn’t help that the same ones seem to occur again and again. Here are some of the violations that won’t seem to go away and how some associations and managers are tackling them. 1. STR "Get-arounds" Associations have implemented…

Fence Variation Lawsuit Is a Question of Authority

A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC). The fence…

Court OKs ‘After-the-Fact’ Fence Variance

A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC) (Mullor v.…

Are Community Associations Liable For Third-Party Crimes?

After two residents of a Massachusetts condo building were killed in their penthouse home by an intruder, their estates sued the association and the management company for wrongful death. The civil case has yet to go to trial, but a pre-trial ruling from the court is cause for alarm for both condo associations and managers…