Legal Compliance for Community Associations

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

New Ruling May Mean Less Leeway To Amend Governing Documents

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…

State Laws Force Associations To Get Onboard With Renewables

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…

Are You at Risk of Family Responsibility Discrimination?

You’re probably very familiar with the different kinds of housing discrimination, but you might not be aware of a form of employment discrimination that could land you in hot legal water. Here’s what you need to know about family responsibility discrimination (FRD) and how to avoid it. What It Is Family responsibility discrimination, also known…

Record Requests Can Be a Pain, But Compliance Is Often Required

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.”…

Arizona Supreme Court Throws Up Huge Hurdle to Declaration Amendments

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…

Learn the Risks Relating to Political Signs and Displays

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…

Washington Court Says Board Has Wide Latitude to Set Assessments

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…

States Limit Associations’ Ability to Restrict Renewable Energy

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. Solar…

Record Inspection Request Requires Rapid Response — Even if Request Rambles

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”…

Mixed Motives Help Sink a Resident’s Accommodation Request

If you and your clients have become hesitant to deny any request for an accommodation, a federal district court has just sent a message that denials made after a thoughtful and careful process may get more support than you’d have expected. Brenda and David Norman had lived in their home in Rancho del Lago at least six…