Tag: Nuisance

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Make Sure Your Clients Give Proper Notice When Attempting to Remove a Tenant’s Dog

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. The case involved a dog named Bo, who lived with a tenant in…

Lack of Notice Comes Back to Bite Association in Removal of Tenant’s Dog

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. Read on to learn the kinds of mistakes your clients need to avoid…

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…

Repeat Offender Dog Can Be Asked To Leave, Court Concludes

A California HOA’s governing documents supported its board’s decision to order the removal of a dog with a history of injuring both humans and other dogs. “I love this case because it supports an association’s right to enforce its covenants by requiring removal of a dog,” says Sandra Gottlieb, a founding partner of California homeowner…

Court Upholds Board’s Nuisance-Based Removal of Dangerous Dog

A California HOA’s governing documents supported its board’s decision to order the removal of a dog with a history of injuring both humans and other dogs (Sunset Green Homeowners Ass’n v. Spagenski). “I love this case because it supports an association’s right to enforce its covenants by requiring removal of a dog,” says Sandra Gottlieb,…

Drones Will Soon Be Flying Over Your Properties on a Regular Basis: What Are the Implications?

The number of drones (also known as unmanned aerial vehicles) in the air overhead has been climbing steadily in recent years. If your client associations aren’t already dealing with the implications of both commercial and recreational drone usage, they probably will be soon. “Drone usage will be commonplace in the coming decade,” says community association…

When Resolving Conflicts, Stick to the Facts

Conflicts, whether between the board and owners or among owners themselves, are inevitable. But successful resolution isn’t. Some of our experts have advice on how managers can help their boards handle these disputes so they don’t spin out of control. “You have to get rid of the emotional baggage,” says Michael Kim, of counsel with…

Here Come the Drones: What You and Your Clients Need to Know

The number of drones (also known as unmanned aerial vehicles) in the air overhead has been climbing steadily in recent years. If your client associations aren’t already dealing with the implications of both commercial and recreational drone usage, they probably will be soon. “Drone usage will be commonplace in the coming decade,” says community association…

3 Tips for Effective Conflict Resolution

Conflicts, whether between the board and owners or among owners themselves, are inevitable. But successful resolution isn’t. Some of our experts have advice on how managers can help their boards handle these disputes so they don’t spin out of control. 1. Focus on the facts. “You have to get rid of the emotional baggage,” says…

Nuisance Provisions Can Help Curb Behaviors That Go Beyond Mere Annoyance

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.” The natural step when a…