Community Association Governance

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

Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant

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, “we’re going to see…

Failure To Enforce Can Have Sweeping Consequences

A Texas Court of Appeals has found that the failure to enforce a subdivision’s restrictive covenants constituted an abandonment of the restrictions as a whole — despite the fact that the covenants included a severability provision intended to protect the other provisions if one or more were struck down as unenforceable. “I’ve defended associations in…

Court Upholds Annual Meeting by Phone 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…

Continuity Planning: Don’t Let Your Clients Get Left in the Lurch

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…

Court Says Manager Wasn’t a Debt Collector – But This May Not Always Be True

A federal Court of Appeals recently ruled that a community association manager wasn’t a “debt collector” for purposes of the Fair Debt Collection Practices Act (FDCPA), which strictly regulates the conduct of general debt collectors. But managers shouldn’t take too much comfort in the decision because it left open the possibility that the result might…

Budgeting in a Time of COVID

We're willing to bet that very few of your clients' budgets are on track for 2020, and figuring out how to adjust and plan for 2021 is complicated. “We’re looking at all those odd pieces, the additional costs associations have borne since March,” says Paul Grucza, director of education and client development at the Seattle-based…

Association Wins Short-Term Rental Case

The owners in a Kentucky subdivision came out on the wrong side of a court case over their use of their property for short-term rentals. Although the community association wasn’t involved in the litigation, the ruling sheds some light on the arguments associations can expect when trying to block short-term rentals in court — and…

Budgeting for 2021: The COVID-19 Factor(s)

We're willing to bet that very few of your clients' budgets are on track for 2020, and figuring out how to adjust and plan for 2021 is complicated. “We’re looking at all those odd pieces, the additional costs associations have borne since March,” says Paul Grucza, director of education and client development at the Seattle-based…

Court Finds Short-Term Rentals Violate Deed Restriction

The Kentucky Court of Appeals has rejected a community association owner’s arguments in yet another battle over owners’ right to use their homes as short-term rentals. The court’s ruling, based on a recent decision by the state’s Supreme Court, could provide some useful guidance for your clients that would like to implement enforceable restrictions on…

Manager’s Conduct Doesn’t Make It a Debt Collector

A federal Court of Appeals recently ruled that a community association manager wasn’t a “debt collector” for purposes of the Fair Debt Collection Practices Act (FDCPA), which strictly regulates the conduct of general debt collectors. (Bates v. Green Farms Condominium Ass’n, 6th Cir. 2020). But managers shouldn’t take too much comfort in the decision because…