Legal Compliance for Community Associations

Articles on the topic of Legal Compliance for Community Associations and CA Management Companies.

The Great Defibrillator Debate: Weighing the Pros and (Potential) Cons

The ready availability of automated external defibrillators (AEDs) significantly improves the odds that the victims of sudden cardiac arrest will survive, so it might seem like a no-brainer for community associations — especially those with aging populations — to install the devices. This week, we dig into why it’s important to understand some of the…

Cyber Criminals Could Come for Your Community Association — and You!

A recent survey conducted by the Foundation for Community Association Research found almost half of the community association respondents didn’t have policies and procedures in place to safely collect and store homeowners’ personal data. This week, we’ll explore why that’s a problem. It’s true that associations often operate on the more low-tech side of things,…

Associations and Management Companies Aren’t Immune from Cyber Crime

A recent survey conducted by the Foundation for Community Association Research found that almost half of the community association respondents didn’t have policies and procedures in place to safely collect and store homeowners’ personal data. That’s a problem. It’s true that associations often operate on the more low-tech side of things, but that doesn’t mean…

Time to Review the ARC Rules?

This week we take a look at a recent court case that provides a warning of how architectural review slipups might land an association in court. The Architectural Review Committee (ARC) has a lot of power in a community association, which can lead to disputes with owners. Fortunately, there are steps you can take to…

Are You Ready for New Overtime Rules?

This week we fill you in the U.S. Department of Labor’s latest proposed rules for overtime pay. Proposed rules introduced during Obama administration created quite an uproar among employers — not surprisingly, considered that they were expected to make more than 4 million salaried workers newly eligible for overtime. A federal district court judge halted…

New Overtime Rules on the Horizon?

The rules for overtime pay are again under the microscope. Proposed rules introduced during Obama administration created quite an uproar among employers — not surprisingly, considered that they were expected to make more than 4 million salaried workers newly eligible for overtime. A federal district court judge halted those rules days before they were due…

Owner Sues Without Association Approval, Then Sues Association To Recoup His Costs

Sometimes owners strike out on their own and file lawsuits they think their associations should be filing—but does that mean the association has to reimburse them for their legal costs? The guiding principle regarding action, or lack thereof, is clear in most community associations: The majority rules. Sometimes, though, fired-up owners who disagree with the…

Protect Association from Document Discovery Pitfalls

Legal problems for associations have evolved along with technology that while helpful, can also hurt board members and managers. With the help of technology, you might be able to conduct business more efficiently, but you also need to understand that a lawsuit will potentially require handing over electronically stored information (ESI)—such as email, documents, voice messages, and digital images.

Carefully Check What Rights Power of Attorney Bestows on Nonmember

Managing an association can be challenging enough when members are the only parties who can engage in community business like voting, or exercise rights, such as inspecting books and records. Requests for architectural changes to units or homes can get sticky, and so can disputes between members. So imagine dealing with a nonmember who suddenly has a legal right to be involved in the association. You may ask how an outside person or entity can do this; after all, isn’t the point of the association that the community is private—operated and enjoyed by the board and members?

Review Governing Documents for Compliance with Solar Statutes

For many homeowners who buy in a planned community, the rules and requirements in the association’s CC&Rs and bylaws keep the neighborhood clean, well maintained, and aesthetically pleasing, so worrying about a neighbor’s unsightly modifications to his home shouldn’t even be on the radar. And that’s one of the main draws of association life: living in a beautiful community.