Articles

A Florida couple whose home was foreclosed on and sold at auction after they failed to pay late assessments has gotten a second chance. The couple, whose past-due assessments totaled $1,900, enlisted the help of a local news channel to garner support for their argument that it was unfair for the association to resort to such drastic measures.

The association asserted that it was within its legal rights to foreclose on and sell the home, since the governing documents for the association permitted it.

Controversy and hard feelings have emerged from a change in management at an Arizona homeowners association. Fearful that things would turn ugly at an annual association meeting, the board of directors brought with them two attorneys and a security guard.

Facts: A condominium building contained several residential units and one unit for commercial use. When the condominium was initially built, the board of directors was run by the sponsor. It permitted the commercial tenant to install an HVAC unit on the rooftop common area. Several unit owners became board members later. On behalf of all owners, a board member sued the commercial tenant—a business owned by the sponsor.

Facts: Two association homeowners tried to sell their home to an organization that planned to use it as housing for three disabled adults. The association tried to block the sale of the house, citing a restrictive covenant in the governing documents, which specified that homes in the community must be used as “single family” residences.

You may think that if something needs to be done in the community you manage, you have some leeway in how to tell members. After all, if repairs are truly necessary, does it matter how this is announced? The answer is yes. You should follow the declaration precisely in this situation, in order to preserve the board's authority.

Although members on an association’s board of directors are volunteers, their roles in the operation of the community are important. Mistakes by board members can lead to liability for the association. But sometimes, especially if they are roped into serving on the board, members don’t understand the functions of their positions and the best way to carry out their responsibilities.

Q: Our community allows pets, as long as they’re 25 pounds or less. A resident requests a reasonable accommodation to keep his large dog as an assistance animal and submits documentation to show that he has a disability and that the dog provides emotional support to alleviate the symptoms of his disability. Although his dog is larger than allowed under our pet policy, could we face a discrimination claim if we deny his request to keep it?

Although members on an association’s board of directors are volunteers, their roles in the operation of the community are important. Mistakes by board members can lead to liability for the association. But sometimes, especially if they are roped into serving on the board, members don’t understand the functions of their positions and the best way to carry out their responsibilities.

If your association has decided that it has the funds to upgrade current amenities or add new ones, you should find out what’s most important to members before determining where the money should be spent. In a community with families, a playground or playroom might be important to members. A swimming pool might be a welcome addition to a community in a warm-weather environment. Age-restricted community members might want a better club room where they can socialize or spend time with their extended family during visits.

The trend towards buying vintage items or “upcycling”—that is, using old items for a new purpose—has made garage sales popular again. Garage sales can benefit the association and members in several ways, so consider hosting one. It’s a great way to give members a chance to meet one another and to promote community spirit. But it also serves a practical purpose: It enables members who are running out of space in their homes or condo units to earn some money while clearing out items they no longer want.