Legal Compliance for Community Associations

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

Up in Smoke: Association Management Issues in the Age of Marijuana Legalization

Up in Smoke: Association Management Issues in the Age of Marijuana Legalization - report cover

More than 60 percent of American states have legalized some form of marijuana since 1996, and the legislatures in many of the holdouts have recently considered doing so. Those states with legal marijuana have seen it rapidly commoditized, with new businesses such as delivery services cropping up and becoming a part of homeowners’ daily lives.

Not surprisingly, the proliferation of pot has begun to have repercussions for community association managers, both as property managers and employers. Whether you live in a state where marijuana is fully legal, partially legal, or on the cusp of some degree of legalization, you need to know what that means on the ground.

This Special Report takes an in-depth look at some of the most pressing marijuana-related issues for community association managers and their clients and provides expert guidance on how to mitigate the associated risks.

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Save It or Shred It? Document Retention Tips for Managers and Associations

You’re not alone if you have hard time getting your clients to remember that community associations are businesses — and businesses need document retention plans. Yet many associations take an ad hoc approach (at best) to managing their paperwork. “This can become a problem because community associations are required to keep a great deal more…

Court Shields Manager from Class Action over Disclosure Docs Fee

A property management company in Chicago recently faced a class action lawsuit on behalf of community association members who were disgruntled about the fees charged for disclosure documents when selling their units. (Horist v. Sudler & Co.) The Seventh Circuit Court of Appeals shut down the lawsuit, providing managers some important protection. But, warns Blake…

New Board Election Laws Increase Time, Cost, and Administrative Burdens

California recently enacted new requirements for HOA board of director elections that took effect at the beginning of the year. The far-reaching changes makes some dramatic changes to the way most associations have traditionally handled elections. "Now that it has taken effect,” says Kelly Richardson, a principal with Richardson Ober DeNichilo PC, a California law…

State Laws are Complicating Elections

On Jan. 1, 2020, Senate Bill 323, an extensive overhaul of the requirements for board of director elections in homeowner associations (HOAs) took effect in California. The new requirements may make it costlier and more complicated to hold elections. "Now that it has taken effect,” says Kelly Richardson, a principal with Richardson Ober DeNichilo PC,…

Associations Target Community Gun Control

Gun rights can trigger emotional responses on both sides of the issue, and the debate is becoming more common among community associations, as they aim to protect themselves. But even when a community is largely in agreement about the need to restrict firearm possession on the property, it might not have the power to do…

In the Crosshairs: Can — and Should — Your Clients Regulate Firearm Possession?

With gun violence making headlines almost daily in some parts of the country, responses among communities vary widely. “There are some associations where they’re open to owners having firearms for self-protection, but others don’t feel the same way and are more concerned about firearms in the community,” says Michael Kim of Michael C. Kim &…

Setting Your Compass, Part One: Real-World Ethics for Association Managers

Community association managers don’t have to look far for codes of ethics. CAI, CACI, IRIM, BOMA — all of these organizations have established codes. But how do they play out in the real world? We asked two property management professionals with decades of experience between them. Their insights, shared in this two-part article, provide valuable…

Know When to Hold ’Em: Document Retention for Community Associations and Their Managers

From governing documents and vendor contracts to communications with owners, community association boards of directors may feel like the constant deluge of paperwork is drowning them. “This can become a problem because community associations are required to keep a great deal more documents than any individual director is accustomed to in their personal lives,” says…

Business Judgment Rule isn’t an Absolute Shield for the Board

When owners sue a community association board of directors, the board often turns to the business judgment rule as a defense to the allegations. The defense may lead to the dismissal of the case before trial — but not always. A recent case out of New York is a stark reminder that board members don’t…