Articles

Facts: Several members in a condo association posted flyers in common areas, claiming that the property manager was stealing and mismanaging association funds.

The manager sued the members for defamation. The members asked a trial court to dismiss her claims. The trial court denied the request. The members appealed.

Decision: A Texas appeals court affirmed in part and reversed in part.

Facts: A condominium member signed a rent-to-own contract. The purpose of the contract was for the renter to eventually own the unit. The member asserted that the renter was entirely responsible for paying condo assessments and fees. Under the governing documents, a member with a rent-to-own contract was, in fact, a “co-owner” with the renter and, therefore, jointly and severally liable for costs.

Safety for members and staff in a planned community or condominium is one of the most important items on a manager’s or management company’s agenda. Tight security provides a sense of safety so that members can enjoy day-to-day life in the community without worrying about being victimized. And staff members feel that they are working in a secure environment. Plus, preventing certain types of crimes, like graffiti, saves the association time and money on repairs.

At some point, it may become necessary or just desirable to change how a common area is used. Changes in the demographics of the members or the fact that an amenity isn't used often may facilitate a change. But don't expect all members to get on board with a new use. In some cases, it could be difficult when it comes time to vote on the issue. Whether a majority vote versus a unanimous vote is needed to implement the change is of key importance.

Safety for members and staff in a planned community or condominium is one of the most important items on a manager’s or management company’s agenda. Tight security provides a sense of safety so that members can enjoy day-to-day life in the community without worrying about being victimized. And staff members feel that they are working in a secure environment. Plus, preventing certain types of crimes, like graffiti, saves the association time and money on repairs.

If you’re like many association managers, you’ve been getting ready for a busy summer at the community you manage. Many members invite guests into the community and host seasonal parties or activities. There may even be association-sponsored summer fun. But it’s important during this time to keep the community operating smoothly by avoiding accidents and liability for the association during the months where there is extra usage of amenities.

A seven-year-old Florida law is forcing condo owners out of their units in favor of investors who want to convert the buildings to rentals. Previously, the Florida Condominium Act required agreement from all owners in a condominium association before a “condominium pact” could be dissolved. Then, in 2007, state lawmakers lowered the requirement to 80 percent of unit owners, despite objections by prominent lawmakers, including the former governor, Jeb Bush.

Facts: Several planned community absentee members who rented their homes to short-term vacationers sued the association over an annual fee imposed on owners who rented their homes and a mandatory garbage collection fee adopted by the board of directors. The association filed a cross-claim against the owners. A trial court ruled in favor of the association. The owners appealed.

Decision: A California appeals court upheld the trial court’s decision in favor of the association.

Facts: A homeowner who served on her community association’s board of directors sued the association for civil rights violations and violations of the Fair Housing Act Amendments (FHAA) and state laws. The homeowner was legally blind and had requested that the board provide her with versions of the documents that other members received, but in a readable format for blind individuals. The board refused to reasonably accommodate her disability. Eventually, the homeowner resigned from the board.

Facts: A neighbor of a renter in a condominium building complained about excessive noise coming from the renter’s unit. The association neither sided with nor against the renter, but it did attempt to mediate the dispute by informing the renter of the building’s noise standards several times.