Community Association Governance

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

‘Continuous Operation’ Language Declaration Requires Association to Keep Lift Working

An owner sued an association for breach of contract and negligence after its tenant moved out because its unit was flooded with raw human sewage. An Indiana state court found a breach of contract but dismissed the negligence claim (Castleton Corner Owners Ass’n, Inc. v. Conroad Associates, L.P.). Here’s what you need to know about…

5 Ways to Boost Your Volunteer Recruitment

The ongoing challenges of the COVID-19 pandemic have led to frustration and even burnout for many community association board members and other volunteers. As a result, some associations are struggling to fill more openings than typical. “It’s getting harder and harder, it really is,” says Paul Grucza, director of education and client development at the…

Fine for Abusive Owner Leads to Costly Court Battle

After numerous allegations of abusive behavior, a Chicago condo association imposed a $500 fine on an owner. It led to years of costly litigation, a $125,000 payment to the owner, and a court ruling that could haunt associations for years to come. The owner had a long history of bad behavior. According to deposition testimony,…

Should You Let Owners Install Their Own Security Lighting?

The desire for security lighting by owners with security concerns can put associations and boards in a difficult position, especially when their CC&Rs prohibit exterior or high-intensity lighting. What should your clients do when owners request permission to install lights that can be both protective and disruptive? “Lighting is said to be a deterrent to…

Board Recalls: Triggers and Challenges

When owners start talking about board recalls, managers need to pay attention — and also take care that they don’t cross any lines. “Managers have to be absolutely neutral on recalls, but it’s a somewhat widely breached ethical requirement,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif.…

Are Short-Term Vacation Rentals Considered “Single Family Use”?

Many community associations trying to limit short-term rentals have found their battle complicated by the fact that their CC&Rs were drafted long before the days of Airbnb and VRBO. With CC&Rs that contain no provision explicitly addressing such rentals, some have turned to their single-family residence restrictions. “Associations try to hang their hat on that…

Association Pays $125,000 to Settle Case Over $500 Fine for Owner’s Allegedly Abusive Behavior

After numerous allegations of abusive behavior, a Chicago condo association imposed a $500 fine on an owner. It led to years of costly litigation, a $125,000 payment to the owner, and a court ruling that could haunt associations for years to come (Boucher v. 111 East Chestnut Street Condominium Ass’n, Inc., Ill. App. June 14,…

Owners’ Individual Security Lighting: Yay or Nay?

The desire for security lighting by owners with security concerns can put associations and boards in a difficult position, especially when their CC&Rs prohibit exterior or high-intensity lighting. What should your clients do when owners request permission to install lights that can be both protective and disruptive?The Balancing Act“Lighting is said to be a deterrent…

Board Recalls: What Everyone Needs to Remember

When owners start talking about board recalls, managers need to pay attention — and also take care that they don’t cross any lines. “Managers have to be absolutely neutral on recalls, but it’s a somewhat widely breached ethical requirement,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif.…

Short-Term Rentals Don’t Violate Single-Family Residence Restriction

The California Court of Appeals recently shot down the argument that a single-family residence restriction prohibited short-term rentals (Lastavich v. Nob Hill Homowners Ass’n, Cal App. Dec 2, 2020). Many community associations trying to limit short-term rentals have found their battle complicated by the fact that their CC&Rs were drafted long before the days of…