Departments

Disclosing Denial of Leasing and Sales Transactions

July 10, 2018    

Q: The board of directors of the community association I manage has the authority to approve or deny proposed leasing and sales transactions. If there is a denial, should we disclose the reasons behind it? If so, what is the best way to do so...

Board Member Accused of Racial Profiling After Asking to See Resident’s ID

July 10, 2018    

A white man who challenged a black family’s use of a gated pool in a North Carolina planned community resigned from the homeowner’s association board. After the board member, who also was the community pool chairman, asked a mother and her son to produce identification verifying that...

Members Sue New York Association for Religious Discrimination

June 27, 2018    

A New York community association is facing a discrimination lawsuit brought in federal court by Jewish members of the community who say that the association is hostile to their religious practices. According to the members, the association has adopted rules that are “expressly designed to...

New Association Board Demands Removal of Playground Equipment

June 27, 2018    

A family who has installed a playground in the backyard of their home in a planned community is embroiled in a fight with the association over the structure, which was installed as a gift for their daughter who had a kidney transplant and will be returning home soon. The family moved to the...

Association Hatches Plan for Removing Pet Chickens from Community

June 27, 2018    

A Michigan family has been told by their homeowners association that they can’t raise chickens at their home in a planned community. In a letter to the family, the association demanded that the family comply with “applicable covenants” and remove the chickens they were keeping...

Preserving Right to Enforce Restrictions

March 15, 2018    

Q: A homeowner in the planned community I manage has installed a shed in his backyard. Under the association’s declaration of restrictions, the homeowner is required to get written permission to install this type of structure, but didn...

Homeowners Concerned After $20M Jury Verdict for Playground Tragedy

March 15, 2018    

A homeowners association in Las Vegas is facing not just a staggering jury verdict in favor of the family of a teenager who was injured by playground equipment in the community, but also questions from confused members, some of whom feel misled.

In 2015, a swing set crossbar in the...

Association Avoids Open Dialogue for ‘Open House’ Signage

February 12, 2018    

An Arizona realtor has had to confront a homeowners association for disposing of his “open house” signs advertising properties he has listed for sale in the community. After discovering a worker from the association’s landscaping company driving away with the signs that had...

Security Concerns for HOA’s Open-Garage-Door Mandate

January 12, 2018    

A California homeowners association is requiring members to keep their garage doors open most of the day on weekdays. The new rule is in response to the association learning that so-called squatters—people living in a home illegally—were inhabiting the garage of at least one home in...

Law That Hastens Foreclosure Causes Controversy

January 12, 2018    

Under current law, Arizona homeowners associations can foreclose on owners if they fail to pay their dues for a year or get behind by $1,200—whichever comes first. A bill introduced by one of Arizona’s Republican senators would allow HOA foreclosures after six months, with no minimum...

Determining Whether Items Not Mentioned in Guidelines Are Permissible

December 12, 2017    

Q: In a casual conversation with a homeowner in the planned community I manage for an association, she mentioned she would like to install a mailbox that resembles a cartoon that her children like. She said that she has checked the...

Don't Allow Staff to Work on Elevators

December 12, 2017    

It’s smart for associations to have a continuing maintenance and repair contract with an elevator contractor. Elevator issues can turn deadly so experts in that field are invaluable, and can help you avoid liability for you and your staff. But don’t let your staff do any work on your...