Legal Compliance for Community Associations

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

Here Come the New Overtime Rules!

This week, we lay out the new rule regarding who qualifies for overtime pay and who doesn’t. The U.S. Department of Labor released the final rule this past September, and it’s poised to take effect on January 1, 2020. With the possibility that currently exempt employees won’t continue to qualify for their exemptions under the…

The Overtime Rules Change on January 1: Are You Ready?

After a years-long effort to update the federal rules regarding overtime compensation, the U.S. Department of Labor (DOL) has issued its final rule. The rule, which changes the eligibility standards for so-called white-collar workers, is scheduled to take effect on Jan. 1, 2020, so you need to act promptly to ensure your compliance and reduce…

California Joins States Prohibiting Restrictions on Religious Displays

This week, we look at new California legislation that explicitly bars community associations from restricting owners’ displays of religious items on their entry doors and frames, easing tensions for boards that have been put between a rock (observing religious freedoms) and a hard place (complying with governing documents). Several other states have already seen the…

Laws Bar Rules Against Religious Displays

A new California law taking effect Jan. 1, 2020, tackles restrictions on the display of religious items on owners’ entry doors and frames — and it won’t be the first such law in the United States. Other states, including Connecticut, Florida, Illinois, Texas, and Rhode Island have similar statutes. These laws might seen unnecessary in…

Stay on Top of Emerging Parking Issues

This week, we highlight three parking issues that cause problems in many community associations — the growing demand for disabled parking, legal restrictions on enforcement, and a new twist on commercial vehicles. We discuss the headaches they create for managers and boards and propose some solutions. By the year 2030, all Baby Boomers will be…

3 Hot-Button Parking Issues for Community Associations

Parking headaches rank high on the list of many community association managers’ ongoing irksome issues. You can reduce the headaches, though, by staying on top of emerging issues and planning how you’ll address them before they become a major problem. 1. Increased Demand for Disabled Parking By the year 2030, all Baby Boomers will be…

Familial Discrimination Claims are on the Rise

The risk of racial, religious, and disability discrimination claims likely are at the forefront of most community association boards and their managers. This week, we dig into another burgeoning area on the discrimination front — discrimination against families with children. On Aug. 29, 2019, for example, the U.S. Department of Housing and Urban Development (HUD)…

The Kids are All Right: How to Avoid Familial Discrimination Claims

Attorneys who work in the fair housing arena report that claims of familial discrimination against community associations and their managers are on the upswing. On Aug. 29, 2019, for example, the U.S. Department of Housing and Urban Development (HUD) announced it was charging the owners and manager of a condominium complex with violating the Fair…

How an Effective Collections Policy Can Help Your Clients Avoid the Courthouse

Little has a more direct impact on an association’s bottom line than the owner’s payment of assessments. Yet, when owners fall behind on their dues, many boards of directors fail to tackle it head on. Their inconsistent responses — or lack of response altogether — can have significant financial implications. You can help them avoid…

Why Your Clients Need a Formal Collections Policy

Too many community association boards of directors avoid the question of how to deal with delinquent assessments until it falls squarely in their lap. When that happens, some quickly pull the trigger and start pursuing foreclosure, while others drag their feet or attempt various ad hoc measures. You can help them avoid these potentially risky…