Risk Management

Faulty Transfer Blocks Enforcement Authority

A community association in Delaware learned the hard way about the importance of the clear and effective transfer of rights from the developer. Because such a transfer had never occurred back when the association was formed in the 1960s, a court shot down its attempt to enforce deed restrictions more than 50 years later —…

Make Sure Your Clients Give Proper Notice When Attempting to Remove a Tenant’s Dog

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. The case involved a dog named Bo, who lived with a tenant in…

Your Clients Shouldn’t Count on Recovering Their Attorneys’ Fees

The California Court of Appeals recently found that an association didn’t deserve an attorneys’ fee award because it “turned tail” by unilaterally making rules changes instead of arguing against an owner’s objections to the rules in court (Artus v. Gramercy Towers Condominium Ass’n*). The case is a powerful reminder that, while state law or governing…

Aging Residents Bring New and Unique Challenges for Community Associations

Many community associations today have Baby Boomer owners who are opting to stay in their homes, rather than move out to senior communities, nursing homes, or family homes. Managers and boards need to recognize and prepare for the impact this is going to have on their communities. For starters, it can be difficult in general…

Lack of Notice Comes Back to Bite Association in Removal of Tenant’s Dog

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. Read on to learn the kinds of mistakes your clients need to avoid…

Foreclosure Missteps Can End Up Costing Your HOA Clients

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

Aging in Place Brings New Association Management Challenges

Many community associations today have Baby Boomer owners who are opting to stay in their homes, rather than move out to senior communities, nursing homes, or family homes. Managers and boards need to recognize and prepare for the impact this is going to have on their communities. Property Adjustments For starters, it can be difficult…

Failure to Follow Foreclosure Rules to the T Can Cost Your Clients

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

Contingency Planning Essentials For Your Association Clients

Do your association clients have a contingency plan in place to prepare for extreme events? After several years of catastrophic weather, a global pandemic, civil disobedience, and violence, the need for contingency planning in community associations seems obvious — but many associations, and some managers, continue to stick their heads in the sand. “Both the…

Court Rules HOAs Can’t Ban Sex Offenders. Could Other States Follow?

A Pennsylvania court shot down an association’s attempt to prohibit lifetime registered sex offenders from living in its community. It made clear that associations can’t impose their own restrictions because the state already regulates where sex offenders can and can’t live (Lake Naomi Club, Inc. v. Rosado). In 2016, in response to resident concerns, the…