Community Association Rules

Violations, Enforcement, Use Restrictions

Time to Convert to Sustainable Landscaping?

Depending on where you operate, you may have heard annual meeting debates about sustainable landscaping dating back at least a decade. “I’ve worked with clients who have made the change, and I’ve also worked with those who have said they’d never do it,” says Paul Grucza, director of education and client development at the Seattle-based…

Sometimes, Accommodations Aren’t Legally Required

When a resident requests a reasonable accommodation, boards of directors often focus solely on the reasonableness of the specific accommodation. But, if an accommodation isn’t necessary, a board doesn’t even need to consider reasonableness. A recent disability discrimination case in Ohio provides a useful example of how that can play out in an association’s favor.…

FHA Doesn’t Require HOA to Allow Personal Patio Grills

When a resident requests a reasonable accommodation, boards of directors often focus solely on the reasonableness of the specific accommodation. But, if an accommodation isn’t necessary, a board doesn’t even need to consider reasonableness. A recent disability discrimination case in Ohio provides a useful example of how that can play out in an association’s favor…

Could Rental Restrictions Be in Your Association’s Future?

A new law that significantly limits rental restrictions in California community associations took effect Jan. 1, 2021. Among other things, California Civil Code Section 4741 imposes a deadline on associations in the state to amend their governing documents to comply with its provisions. While the law applies only to California associations, the state often is…

HUD Charges Association, Manager with Disability Discrimination Over Dog Policy

How many assistance animals must an association with pet restrictions allow as a reasonable accommodation? If the answer seems obvious to you or a client, you might be surprised by a recent charge against an association and its manager by the U.S. Department of Housing and Urban Development (HUD). The charge is startling evidence of…

Watch Out For Familial Discrimination Claims

JoAnn Burnett, an attorney in the Fort Lauderdale, Fla., office of Becker & Poliakoff who focuses her practice on fair housing and discrimination claims, says familial discrimination trips up many associations. “They have provisions in the governing documents — especially rules and restrictions but also in declarations — regarding children,” she says. “Even if not…

California Limits HOA Rental Restrictions

A new law that significantly limits rental restrictions in California community associations took effect Jan. 1, 2021. Among other things, California Civil Code Section 4741 imposes a deadline on associations in the state to amend their governing documents to comply with its provisions. While the law applies only to California associations, the state often is…

More Remote Work Means More Risks for Associations

The many domino effects of the COVID-19 pandemic and the ensuing recession include not only an increase in the number of people performing their current jobs from home, rather than at an office or other workplace, but also a surge in the number of home-based businesses. With so many people looking to replace lost income,…

Help Your Clients Avoid Stumbling into Fair Housing Problems, Part 2

We recently shared some ways that community associations can unexpectedly find themselves liable under federal and state fair housing laws. Here are few more missteps our experts have identified as potentially risky. Inadvertent Familial Discrimination JoAnn Burnett, an attorney in the Fort Lauderdale, Fla., office of Becker & Poliakoff who focuses her practice on fair…

COVID-19 Impacts: Handling the Jump in Home-Based Businesses

The many domino effects of the COVID-19 pandemic and the ensuing recession include not only an increase in the number of people performing their current jobs from home, rather than at an office or other workplace, but also a surge in the number of home-based businesses. With so many people looking to replace lost income,…