Community Association Governance

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

Building Bridges: How to Help Divided Communities Get Along Better

Community associations that harbor acrimony and hostility are among the most difficult to manage and govern. With the country seemingly at odds more than ever, managers need to step up and do their part to promote healing in divided communities. The State of Affairs “Associations are becoming more polarized,” says Brad van Rooyen, national VP…

What Community Association Managers Worry About These Days

With COVID-19 vaccinations widely available and government restrictions dramatically loosened, community association managers have more bandwidth to deal with matters that might have been neglected during the pandemic. We asked some of our experts about the issues they were now turning their attention to. Unfortunately, while COVID concerns have receded, they’ve been replaced with a…

Don’t Get Stuck Paying Attorney’s Fees

When associations sue owners, they typically rely on language in the governing documents that provides the owner must pay the association’s costs if it prevails. But the Missouri Supreme Court recently ruled that an HOA that successfully sued an owner over unapproved construction was on the hook for its own nearly $84,000 in attorney’s fees.…

Nuisance Provisions Can Help Curb Behaviors That Go Beyond Mere Annoyance

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” The natural step when a…

Conflicts Kill Business Judgment Rule Protections

Conflicts of interest can strip board members of the protections they otherwise might have under the business judgment rule. A case involving a California HOA recently drove that point home (Coley v. Eskaton). “The case really demonstrates the limits of the business judgment rule and how it’s very easy to step outside the limits of…

On the Radar: Current Issues Confronting Community Association Managers

With COVID-19 vaccinations widely available and government restrictions dramatically loosened, community association managers have more bandwidth to deal with matters that might have been neglected during the pandemic. We asked some of our experts about the issues they were now turning their attention to. Unfortunately, while COVID concerns have receded, they’ve been replaced with a…

Watch the Words: HOA’s Court Victory Doesn’t Assure Recovery of Attorney’s Fees

When associations sue owners, they typically rely on language in the governing documents that provides the owner must pay the association’s costs if it prevails. But the Missouri Supreme Court recently ruled that an HOA that successfully sued an owner over unapproved construction was on the hook for its own nearly $84,000 in attorney’s fees…

The Last Straw: How the Nuisance Provision Can Help Your Clients Deal with Residents’ Extreme Behaviors

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” Extreme circumstances call for extreme…

Can Your Clients Impose Vaccine Requirements?

If your clients are facing pressure to both re-open amenities and keep their residents safe from COVID-19, they might be considering imposing vaccine requirements. As is so often the case, boards find themselves in a difficult position when it comes to safely managing indoor common areas this summer. “It’s a tricky business,” says Donna DiMaggio…

Foreclosures Require Strict Attention to All the Details

A Florida HOA didn’t provide an owner it was trying to foreclose on with documents required by the declaration. The result? The case is going to trial. The HOA filed a foreclosure action against an owner, alleging that he hadn’t paid outstanding quarterly assessments and costs. It asked the court to rule in its favor…