Community Association Governance

Corporate investors increasingly are invading community associations, buying up homes and renting them out. In the first part of this two-part article, we talked to some of our experts about how this is playing out on the ground and the impact on associations. In the second part, we’ll discuss how you can help your clients…

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents. And the impact of the ruling could be felt beyond Arizona’s borders. The case involved a small HOA outside Tucson, with only five lots. The lots range from 3.3 to 6.6…

We recently 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. Now, we’ll look at some of the ways that associations can make meaningful investments upfront and help offset their…

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. When…

Corporate investors are snatching up homes in community associations across the country and renting them out. Not surprisingly, “regular” homeowners in these communities aren’t too happy with the results. “If a board thinks this will never happen because of the price points of their homes or whatever, they’re gravely mistaken,” says Scott Weiss, of counsel…

The Texas Supreme Court has ruled that an association can qualify as a “prevailing party” entitled to recover its attorneys’ fees under the Uniform Condominium Act (UCA) when it successfully defends against an owner’s claims. More than a dozen states have adopted some version of the UCA. The ruling could deter owners from filing frivolous…

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.”…

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents (Kalway v. Calabria Ranch HOA, LLC). And the impact of the ruling could be felt beyond Arizona’s borders. “This decision really calls into question the ability of HOAs in Arizona to…

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…

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…