Community Association Rules

Violations, Enforcement, Use Restrictions

When Resolving Conflicts, Stick to the Facts

Conflicts, whether between the board and owners or among owners themselves, are inevitable. But successful resolution isn’t. Some of our experts have advice on how managers can help their boards handle these disputes so they don’t spin out of control. “You have to get rid of the emotional baggage,” says Michael Kim, of counsel with…

Here Come the Drones: What You and Your Clients Need to Know

The number of drones (also known as unmanned aerial vehicles) in the air overhead has been climbing steadily in recent years. If your client associations aren’t already dealing with the implications of both commercial and recreational drone usage, they probably will be soon. “Drone usage will be commonplace in the coming decade,” says community association…

3 Tips for Effective Conflict Resolution

Conflicts, whether between the board and owners or among owners themselves, are inevitable. But successful resolution isn’t. Some of our experts have advice on how managers can help their boards handle these disputes so they don’t spin out of control. 1. Focus on the facts. “You have to get rid of the emotional baggage,” says…

Don’t Get Stuck Paying Attorney’s Fees

When associations sue owners, they typically rely on language in the governing documents that provides the owner must pay the association’s costs if it prevails. But the Missouri Supreme Court recently ruled that an HOA that successfully sued an owner over unapproved construction was on the hook for its own nearly $84,000 in attorney’s fees.…

Nuisance Provisions Can Help Curb Behaviors That Go Beyond Mere Annoyance

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” The natural step when a…

Watch the Words: HOA’s Court Victory Doesn’t Assure Recovery of Attorney’s Fees

When associations sue owners, they typically rely on language in the governing documents that provides the owner must pay the association’s costs if it prevails. But the Missouri Supreme Court recently ruled that an HOA that successfully sued an owner over unapproved construction was on the hook for its own nearly $84,000 in attorney’s fees…

The Last Straw: How the Nuisance Provision Can Help Your Clients Deal with Residents’ Extreme Behaviors

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” Extreme circumstances call for extreme…

Can Your Clients Impose Vaccine Requirements?

If your clients are facing pressure to both re-open amenities and keep their residents safe from COVID-19, they might be considering imposing vaccine requirements. As is so often the case, boards find themselves in a difficult position when it comes to safely managing indoor common areas this summer. “It’s a tricky business,” says Donna DiMaggio…

Foreclosures Require Strict Attention to All the Details

A Florida HOA didn’t provide an owner it was trying to foreclose on with documents required by the declaration. The result? The case is going to trial. The HOA filed a foreclosure action against an owner, alleging that he hadn’t paid outstanding quarterly assessments and costs. It asked the court to rule in its favor…

New Emergency Powers (and More) in Florida

A far-reaching new piece of legislation targeting community associations, Senate Bill (S.B.) 630, took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though,…