Community Association Governance

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

Learn the Risks Relating to Political Signs and Displays

Another election season is upon us, and that means political signs and flags are starting to pop up. Such displays can lead to some thorny situations for community associations. An association in North Carolina provides a good example of one risk. Local news outlets recently reported than an owner was notified that his Black Lives…

Washington Court Says Board Has Wide Latitude to Set Assessments

The Washington Supreme Court has ruled that an HOA’s governing documents grant the board broad discretion in setting assessments. The court also ruled that the board’s decision on assessments was entitled to substantial deference — but not because of the business judgment rule. “This is a major win for associations in Washington state and may…

Know Where You Want To Go With Your Sustainable Landscaping Initiatives

As the effects of climate change become harder to ignore, more community associations are ready to move past debating the pros and cons of converting to sustainable landscaping and finally start the ball rolling. There’s no one-size-fits-all solution for every association. Multiple factors come into play, including geographic location and the owners’ appetite for change.…

Sustainable Landscaping: How to Get Started, Part 2

In the first part of this two-part article, we explained how associations ready to convert to sustainable landscaping can determine the degree of change their communities can stomach, as well as some of the initial issues to consider once that determination is made. In this second part, we’ll look at some of the ways that…

States Limit Associations’ Ability to Restrict Renewable Energy

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. Solar…

Record Inspection Request Requires Rapid Response — Even if Request Rambles

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow”…

Mixed Motives Help Sink a Resident’s Accommodation Request

If you and your clients have become hesitant to deny any request for an accommodation, a federal district court has just sent a message that denials made after a thoughtful and careful process may get more support than you’d have expected. Brenda and David Norman had lived in their home in Rancho del Lago at least six…

What Can — and Should — Associations Do About Political Displays?

Another election season is upon us, and that means political signs and flags are starting to pop up. Such displays can lead to some thorny situations for community associations. Read on to learn some of the risks associated with rules regarding political signs and flags — and how your clients can help protect themselves from…

Board Has Broad Discretion to Set Amendments

The Washington Supreme Court has ruled that an HOA’s governing documents grant the board broad discretion in setting assessments. The court also ruled that the board’s decision on assessments was entitled to substantial deference — but not because of the business judgment rule (Surowiecki v. Hat Island Community Ass’n). “This is a major win for…

Insurance Coverage Can Turn on Full Disclosure

Many associations are taking a second look at their insurance coverage these days. That makes this a prime time to remind them that omitting potential legal claims or other so-called “material” information can come back to bite them. A California HOA learned this lesson the hard way association when a court found it concealed important…