Community Association Rules

Violations, Enforcement, Use Restrictions

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,…

Emotional Support Animal vs. Severe Pet Allergies – Who Wins?

A no-pet policy. An owner who requests an emotional support animal (ESA). Another owner with severe pet allergies. What’s your client to do? A recent ruling by the Iowa Supreme Court demonstrates just how dicey this situation can be — even when a board tries its best to accommodate everyone. The case involved tenants in…

To Be or Not to Be: Vaccination Mandates for Owners and Vendors

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. Here’s what they need to know before they decide whether to require vaccinations of owners wishing to use amenities and third-party vendors coming on the property. Mandates for Amenities As is…

Foreclosure Fundamentals: Follow All the Rules

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 (Pash v. Mahogany Way Homeowners Ass’n). Read on to learn some important lessons about how to handle foreclosures. Budget Procedures Matter The HOA filed a foreclosure action against…

Sweeping New Association Law Takes Effect in Florida

A far-reaching new piece of legislation targeting community associations 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, Berger says “there are…

Support Animal Requests in No-Pet Buildings Are a Tricky Balancing Act

A no-pet policy. An owner who requests an emotional support animal (ESA). Another owner with severe pet allergies. What’s your client to do? A recent ruling by the Iowa Supreme Court demonstrates just how dicey this situation can be — even when a board tries its best to accommodate everyone (Cohen v. Clark, Iowa Supreme…

Lawsuit Ponders Whether Pig Is a Pet

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. “I’ve seen disputes with atypical pets, but it’s usually when there’s…