Community Association Governance

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

What the Pandemic Has Taught Us About Working Remotely

The COVID-19 pandemic has worn everyone down — but the people who’ve been leading during a year of remote community association management say there are lessons all managers can take from this experience: The first is that work-from-home is here to stay. “Being into this now just under a year, remote working has actually worked…

Failing To Satisfy Notice Requirements Can Have Big Consequences

A Maryland condo association recently was reminded of the importance of strictly adhering to the applicable notice requirements for meetings. The 815-unit condo building had a 50-year-old fire alarm that had to be updated to comply with the county code. After a series of consultations and site visits by engineers, the board was set to…

4 Lessons from Remote Property Management

The COVID-19 pandemic has worn everyone down — but the people who’ve been leading during a year of remote community association management say there are lessons all managers can take from this experience: 1. Work-from-Home Is Here to Stay “Being into this now just under a year, remote working has actually worked out well for…

Notice Matters: Court Invalidates Board’s Approval of $1.2 Million Fire Alarm Contract

A Maryland condo association recently was reminded of the importance of strictly adhering to the applicable notice requirements for meetings. A court ruled that, because insufficient notice of a board meeting was provided to owners, the board's action at the meeting was invalid — even though neither the state condo act nor the association bylaws…

Self-Help Enforcement: When and How?

From fines and suspended use of amenities to liens and lawsuits, community associations have a variety of remedies available when owners violate governing documents. The most controversial, though, may be self-help enforcement. A board's decision to take matters into its own hands can result in in lengthy litigation, liability, bruised feelings, threats, and even violence.…

What Happens When an Owner Accuses a Board Member or Manager of Defamation?

We recently wrote about community association board members’ attempts to rein in “bad owners” by filing defamation lawsuits against them. But what about when the tables turn, and an owner pursues defamation allegations against board members or managers? The Michigan Court of Appeals recently upheld a lower court’s dismissal of just such an action, finding…

Don’t Drag Your Feet on Delinquent Owners – It Could Cost You

Community associations often drag their feet when it comes to filing liens against delinquent owners. The reluctance can be understandable — who, for example, wants to take such a step against a neighbor who has lost a job or racked up medical bills? But this reluctance can prove costly, as one Nevada association recently learned…

Sometimes, Accommodations Aren’t Legally Required

When a resident requests a reasonable accommodation, boards of directors often focus solely on the reasonableness of the specific accommodation. But, if an accommodation isn’t necessary, a board doesn’t even need to consider reasonableness. A recent disability discrimination case in Ohio provides a useful example of how that can play out in an association’s favor.…

Don’t Let Your Clients Lose the Lien Race

Community associations often drag their feet when it comes to filing liens against delinquent owners. The reluctance can be understandable — who, for example, wants to take such a step against a neighbor who has lost a job or racked up medical bills? But this reluctance can prove costly, as one Nevada association recently learned…

FHA Doesn’t Require HOA to Allow Personal Patio Grills

When a resident requests a reasonable accommodation, boards of directors often focus solely on the reasonableness of the specific accommodation. But, if an accommodation isn’t necessary, a board doesn’t even need to consider reasonableness. A recent disability discrimination case in Ohio provides a useful example of how that can play out in an association’s favor…