Community Association Rules

Violations, Enforcement, Use Restrictions

Court OKs Demolition of Construction That Violated Covenants

When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…

Corporate Buyers: Coming Soon to a Community Association Near You?

Corporate investors are snatching up homes in community associations across the country and renting them out. Not surprisingly, “regular” homeowners in these communities aren’t too happy with the results. “If a board thinks this will never happen because of the price points of their homes or whatever, they’re gravely mistaken,” says Scott Weiss, of counsel…

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…

Here Come the Corporate Buyers: How to Prepare Your Clients Now, Part 2

Corporate investors increasingly are invading community associations, buying up homes and renting them out. In the first part of this two-part article, we talked to some of our experts about how this is playing out on the ground and the impact on associations. In the second part, we’ll discuss how you can help your clients…

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…

Here Come the Corporate Buyers: How to Prepare Your Clients Now, Part 1

Corporate investors are snatching up homes in community associations across the country and renting them out. Not surprisingly, “regular” homeowners in these communities aren’t too happy with the results. “If a board thinks this will never happen because of the price points of their homes or whatever, they’re gravely mistaken,” says Scott Weiss, of counsel…

Record Requests Can Be a Pain, But Compliance Is Often Required

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow.”…

Arizona Supreme Court Throws Up Huge Hurdle to Declaration Amendments

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents (Kalway v. Calabria Ranch HOA, LLC). And the impact of the ruling could be felt beyond Arizona’s borders. “This decision really calls into question the ability of HOAs in Arizona to…

States Limit Associations’ Ability to Restrict Renewable Energy

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. Solar…