Articles

Facts: A homeowners association was responsible for the maintenance of the community’s common areas, including sidewalks. A snowstorm with freezing rain led to the accumulation of ice on the sidewalks and streets within the community. A landscape contractor salted the roadways, but the association didn’t request that the common sidewalks and walkways also be cleared after that particular storm. A homeowner slipped on ice on one of the sidewalks.

Facts: A condominium member sued his homeowners association and its property management company for claims arising from water damage to his property. The member’s disabled brother also lived in the unit. The member alleged that the association’s failure to make repairs amounted to disability discrimination in violation of fair housing law, and negligence. The association and the management company asked a magistrate to dismiss the lawsuit.

Facts: Condominium unit members observed excessive moisture in their unit, which was causing damage to the unit and its contents. They reported the problem to the association. Over the course of several years, various experts were brought in to assess the problem. Ultimately, it was determined that a moisture barrier over the concrete floor slab would solve the problem. The association didn’t provide a barrier; it claimed that the members were responsible for the repair.

No matter how well you and the board of directors keep your community operating, you still run the risk of defending the association from a lawsuit, even if it’s a frivolous one brought by a disgruntled member. And legal issues can present themselves in scenarios involving compliance with laws and regulations—including fair housing and claims under the Americans with Disabilities Act—too. At the very least, you’ll want to have an attorney review board policies and governing documents when necessary.

Unfortunately, sexual harassment can happen in any workplace, including among members of your staff. In addition to wanting to make sure that your employees feel comfortable and not threatened at work, you also need to be concerned about sexual harassment because an employer can be held responsible if one of its supervising employees violates federal or state laws that prohibit sexual harassment—even if the employer was unaware of the violation.

Facts: An association told the buyer of two foreclosed properties that he was responsible for unpaid association assessments incurred on the properties prior to the sale. The association claimed that a recently passed state statute gave it the right to demand payment from the buyer.

Facts: A state statute requires a Kansas condominium association to keep detailed records of receipts and expenditures affecting the operation and administration of the association and other accounting records for five years and to make those records available for examination and copying by a unit owner—subject to some exceptions. The statute allows certain records retained by an association, such as “individual unit files,” to be withheld from inspection and copying by members.

It's important for association boards to address members’ requests under the Fair Housing Amendments Act (FHAA) as soon as reasonably possible. A board that delays its response could face major consequences, including going to court to defend its actions.

When enforcing your community association’s house rules, you’ve probably heard members claim they weren’t aware that they were in violation because they never received a copy of the house rules in the first place. This could lead to a sticky situation if a member’s violation has damaged common areas or other members’ units, but the member claims that he’s not liable because, without a copy of the house rules, he had no way of knowing that his behavior was prohibited.

Some association members buy their homes with the plan to rent them to tenants. This is especially typical in beach areas or near ski mountains or nature attractions, where members can get top dollar during the "high season." But temporary tenants in the community can cause problems; they might not care about being a nuisance to permanent residents they’ll never see again. Hopefully, your association has set out parameters for rentals in its governing documents.