Tag: Violations and Enforcement
Faulty Transfer Blocks Enforcement Authority
A community association in Delaware learned the hard way about the importance of the clear and effective transfer of rights from the developer. Because such a transfer had never occurred back when the association was formed in the 1960s, a court shot down its attempt to enforce deed restrictions more than 50 years later —…
3 Chronic Rule Violations and How Your Association Clients Can Get a Handle on Them
Most managers agree that dealing with rules violations is the worst part of their jobs. It doesn’t help that the same ones seem to occur again and again. Here are some of the violations that won’t seem to go away and how some associations and managers are tackling them. Associations have implemented a variety of…
3 Rule Violations That Won’t Go Away — and How to Handle Them
Most managers agree that dealing with rules violations is the worst part of their jobs. It doesn’t help that the same ones seem to occur again and again. Here are some of the violations that won’t seem to go away and how some associations and managers are tackling them. 1. STR "Get-arounds" Associations have implemented…
What Can Your Association Do When Owners Build Structures That Violate Covenants?
When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…
Court OKs Demolition of Construction That Violated Covenants
When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh*). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…
New State Law Could Make it More Difficult for HOAs to Collect Unpaid Fines and Fees
Community associations may find their hands tied when pursuing unpaid fines and fees due to a controversial new state law. Under the new law, which was enacted earlier this year, Colorado now prohibits community associations from seeking foreclosures against owners based solely on unpaid fines. Even if you’re not in Colorado, take note because our…
New Law Restricts Foreclosure Remedy
Colorado HOAs are prohibited from seeking foreclosures against owners based solely on unpaid fines under a new law enacted earlier this year. The law includes additional provisions that will tie associations’ hands in some significant ways when pursuing fines and fees. The Impetus According to The Denver Post, the law is intended in part to…
Can You Bring a Lawsuit on Behalf of Your Client Association?
When a manager brings a lawsuit on behalf of a client association, the other party is likely to claim the manager doesn’t have the “standing” to do so. In essence, the other party is claiming the manager isn’t the person harmed and therefore has no legal right to complain. This defense was recently raised by…
Manager Could Sue Developer on Behalf of Clients
When a manager brings a lawsuit on behalf of a client association, the other party is likely to claim the manager doesn’t have the “standing” to do so. In essence, the other party is claiming the manager isn’t the person harmed and therefore has no legal right to complain. Read on to learn how this…
How Neighbor Disputes Can Lead to Association Liability
Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. This week we explain why, under a federal regulation issued by the Department of Housing and Urban Development (HUD), that approach could backfire big time. Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of…