Community Association Rules

Violations, Enforcement, Use Restrictions

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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Owner Is Liable for Previous Owner’s Violations

This week, we dig into a landmark case out of Michigan. The state Court of Appeals ruled that a condo association could hold a unit owner liable for the previous owner’s bylaw violations, even though the association had let them go unabated for at least two years. The case is full of good news for…

Court Puts Owner on the Hook for Previous Owner’s Bylaw Violation

A bylaw violation is a bylaw violation — and it doesn’t matter who created it. That’s the essential point made by the Michigan Court of Appeals in a recent case involving unauthorized alterations to a unit’s entrance door. The court ruled that an owner is responsible for violations even if they were committed by a…

Majority Vote Can Amend Restrictions in Missouri

This week, we tell you about a landmark ruling out of Missouri that dramatically expands the ability of associations to add restrictions by amendment. It frees associations there — and potentially elsewhere — from a rule that has handcuffed them for 80 years. The new case involves a subdivision that was established in 1923, with…

Missouri Court Strikes Down Long-Standing Unanimous Consent Requirement to Amend Restrictions

The Missouri Supreme Court has rejected its long-standing rule requiring unanimous consent among owners to amend restrictions. The decision, which the attorney who represented the subdivision in the case described as a “sea change,” could have a ripple effect across other states when it comes to restrictions affecting a variety of hot topics in associations.…

Ho, Ho, Holiday Decorations: Exterior Lighting Case Highlights Limits to Board Authority

As the holidays approach, some community association boards and their managers will soon find themselves dealing with owners who draw the ire of their neighbors by going overboard. Before drafting or trying to enforce decoration and lighting restrictions, or any restrictions, you and your boards should confirm that they have the authority to do so.…

How to Tackle the Short-Term Rentals Issue

A lot of people have a love-hate relationship with Airbnb and other short-term rental arrangements — and the same is true for community associations. Some want to bar the rentals entirely, while others want to allow them but struggle with regulation. This week’s article outlines the different approaches popping up across the country. As in…

Associations Confront the Continuing Challenge of Short-Term Rentals

The short-term rental phenomenon spurred by Airbnb, VRBO, and the like has turned out to be more than a fad. Rather, it’s an ongoing problem for some community associations, particularly those in popular areas for tourists. Read on to learn how some boards of directors and managers are addressing it. A Sampling of Strategies As…

Accommodating One Group Can Discriminate Against Another

Your clients no doubt know that they may need to reasonably accommodate various protected classes, but it may not occur to them that their efforts to empower one group could result in discrimination claims from another. A New Jersey condo association learned this lesson the hard way. The association has a large Orthodox Jewish population.…

Religious Accommodation Goes Wrong: Court Finds Sex-Segregated Pool Hours Unlawful

A New Jersey condo association with a community pool thought it was bending over backward to accommodate its religious owners with the pool schedule. But its efforts to work with one protected class ended up inadvertently discriminating against another. Read on to learn how the association landed in court. Pool Rules Make a Splash The…