Community Association Governance

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

Smart Common Area Management in a Time of Contagion

As the coronavirus pandemic heated up this spring, community association managers dealt with an onslaught of calls from clients. People were feeling out of control and ramping up their expectations for protective measures from their associations. One particular area of focus? The risk of contagion in common areas. Managers and boards of directors owe a…

Protecting Common Areas from Contagion

As the coronavirus proliferated across the globe, community association managers have been reminded of the critical role they can play in containing the spread of germs. Whether during the COVID-19 crisis or future public health emergencies, their clients need help making some tough choices, particularly when it comes to managing the common areas in their…

“We Don’t Want Any”: Rules and Restrictions for Nonresidents in a Public Health Emergency

In early April 2020, a Manhattan co-op prohibited the brother of one of the building’s owners from staying in his unit. According to the New York Times, the brother, a physician, had traveled to the city from rural New Hampshire to volunteer his services in the battle against the coronavirus. This incident may have struck…

Control the Flow: How to Regulate Outsiders During a Health Crisis

In early April 2020, a Manhattan co-op prohibited the brother of one of the building’s owners from staying in his unit. According to the New York Times, the brother, a physician, had traveled to the city from rural New Hampshire to volunteer his services in the battle against the coronavirus. This incident may have struck…

How to Reduce Your “Problem Clients”

When community association managers get together, it doesn’t take much time before the conversation turns to their problem clients. Almost everyone has stories about the difficult client who tries their patience and professionalism. For many managers, these clients have become more common and less restrained. Some management companies are responding by taking a proactive, rather…

Don’t Let Problem Clients Hold You Hostage

Just about every association manager has dealt with a problem client who’s difficult to work with, if not downright rude and obnoxious — probably more than one. These clients eat up time that could be spent more productively, create unpleasant and stressful work conditions, and lead to turnover. For many managers, these clients have become…

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…

Elections: Is Cumulative Voting Right for Your Clients?

Cumulative voting for board elections isn’t common, but community associations that do use it should take the time to evaluate whether it’s the right path to continue to follow. On its face, it might seem fairly democratic. In reality, it can give place too much power in some voters’ hands — including voters who don’t…

Voter Apathy Not Necessary to Have Court Amend Voting Rules

In California, associations that can’t get a popular CC&R amendment passed because of supermajority voting requirements have another option — they can ask a court to amend the voting requirement to make it less onerous. A common question in such situations is whether an association must show voter apathy before a court can act. In…