Legal Compliance for Community Associations

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

How and Why Your Association Clients Should Regularly Review Their Rules

Times change, but often association rules don’t. Here’s why and how your clients should conduct regular reviews of their rules. The Need for Review “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel, founding partner of Garfinkel Law, a full-service community association law firm in Florida. Regular…

Surfside Aftermath: New Florida Law Puts Managers Under the Gun

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

Florida Tackles Condo Repairs Reform — Will Other States Follow?

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

New State Law Could Make it More Difficult for HOAs to Collect Unpaid Fines and Fees

Community associations may find their hands tied when pursuing unpaid fines and fees due to a controversial new state law. Under the new law, which was enacted earlier this year, Colorado now prohibits community associations from seeking foreclosures against owners based solely on unpaid fines. Even if you’re not in Colorado, take note because our…

New Law Restricts Foreclosure Remedy

Colorado HOAs are prohibited from seeking foreclosures against owners based solely on unpaid fines under a new law enacted earlier this year. The law includes additional provisions that will tie associations’ hands in some significant ways when pursuing fines and fees. The Impetus According to The Denver Post, the law is intended in part to…

Watch Out for Caregiver Discrimination

Family responsibility discrimination, also known as caregiver discrimination, occurs when employers discriminate against employees and job applicants based on their caregiving obligations — generally for children, adult children with disabilities, parents, or spouses. “If this wasn’t on employers’ radar before, it’s something they should absolutely think about and educate themselves on because the reality is…

Amendments Can Be Invalidated if Co-Owner Spouses Don’t Both Approve

A court case that sprang from a dispute over an owner’s chickens could upend the amendment process — as well as potentially invalidate existing amendments — in North Carolina and possibly elsewhere. (Bryan v. Kittinger) “The court’s reasoning was kind of out of left field and caught everyone by surprise,” says David Wilson, an attorney…

Association Swimming Pools: To Lifeguard or Not to Lifeguard?

The conundrum of whether to provide lifeguards is real. “It creates an interesting debate within boards, and not everyone agrees,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. “It’s not a bright-line issue with easy answers.” Here are some of the factors you should make sure your…

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…