Community Association Governance

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

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 Biletnikoff, 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…

Help Your Clients Avoid Stumbling into Fair Housing Problems, Part 1

Want to help your clients avoid some dangerous territory in terms of both money and reputation? Here’s one easy way — educate them about some of the ostensibly innocent practices they engage in that could land them in court for fair housing violations. Our experts have identified several that might come back to haunt a…

Tread Carefully When Barring COVID-Positive Owners or Their Caregivers

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. (Thompson v. The Diplomat Condominium Association, Inc., L.A. Cty., Sept. 29, 2020) Not only did the trial judge grant the owner…

Court Says Phone Meetings Are OK During Pandemic

In the face of the COVID-19 pandemic, many community associations have turned to virtual or telephonic meetings, but some have run into members who object. A recent ruling by a New York state court provides some reassurance that your clients have some wiggle room when it comes to strict adherence to annual meeting requirements amidst…

3 Headaches Plaguing Associations Today

Managing community associations means dealing with a nonstop carousel of complaints — those that are novel, those that are evergreen and never seem to go away, and those that pop up in new or unexpected ways. Here are some of the issues currently beleaguering association managers across the country. 1. Smoking This classic has gained…

Can Associations Make COVID Vaccinations Mandatory?

COVID-19 vaccine development is looking very promising. Some high-risk groups may even be able to get vaccinated before the end of 2020. As vaccines become widely available, some of your clients, particularly those with older populations, may start wonder if they can — and should — require residents to be vaccinated. “People aren’t thinking about…

Now’s the Time To Review Your Continuity Planning Preparations

Community association managers can help prove their worth by prompting their clients to tackle an issue many probably haven’t considered — continuity planning. Almost every association and manager have certain board members they rely most heavily on, often long-standing members with impressive amounts of both institutional and practical knowledge. What happens if one of those…

Do Your Clients’ Deed Covenants Contain Racist Language?

The Fair Housing Act may prohibit racial discrimination, but a surprising number of community associations’ deed covenants still contain racial restrictions — and some of your clients could be among them. With civil rights a mainstay in the media since the death of George Floyd in May 2020, associations with such restrictions should take action…

Can Your Clients Require Residents To Get the COVID Vaccine?

Pharmaceutical companies and the Food and Drug Administration are hopeful that a vaccine against COVID-19 will be available in the coming months. As that date nears, some of your clients, particularly those with older populations, may start wonder if they can — and should — require residents to be vaccinated. “People aren’t thinking about it…