Community Association Governance

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…
Community Association Governance

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…
Communications

Qualified Privilege Protects Board Member, Manager from Defamation Claims

We recently wrote about community association board members’ attempts to rein in “bad owners” by filing defamation lawsuits against them. But what about when the tables turn, and an owner pursues defamation allegations against board members or managers? The Michigan Court of Appeals recently upheld a lower court’s dismissal of just such an action, finding…
Community Association Governance

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…
Community Association Governance

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…
Crime & Security

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,…
Community Association Governance

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…
Crime & Security

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,…
Dispute Resolution

What Happens When an Owner Refuses To Rehome a Dog That Bites?

In the summer of 2019, an owner in the Parkview at Orion Commons Condominium Association chatted with his neighbor about the owner’s concerns regarding the long grass in the common area behind their properties. The owner and his wife worried that it was hospitable to snakes, rodents, and ticks that might enter their yard where…
Dispute Resolution

When Can an Association Require Removal of a ‘Dangerous’ Dog?

Disputes over pet restrictions in community associations often are among the most contentious — perhaps never more so than when the association goes to court to get an animal removed after a biting incident. A recent case in Michigan illustrates how courts might tackle such disputes and how you can help your clients prepare to…