Articles

Fair housing claims often stem from adverse actions taken against members for violating community policies or rules. A member may claim that the rules are being selectively enforced against him because of his race or other characteristic protected under the federal Fair Housing Act (FHA). The FHA prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status (that is, families with children), or disability.

Facts: A homeowners association’s board of directors sought to amend the bylaws. The amendment initially failed, and the board announced that it would continue holding elections until the amendment passed. In the association’s newsletter, the board told members to vote for the amendment.

Facts: A homeowner bought a property in a subdivision specifically because it had a mountain view. Several years later, the owner notified the association’s architectural review board (ARB) that certain cottonwood trees on her neighbor’s property were obstructing her view. She requested that theassociation remedy the situation either through extensive pruning or removal of the trees.

Colorado legislation passed this year will tighten standards for homeowners associations in the Centennial State. The legislation, which affects debt collections and manager licensing, was prompted by scandals and horror stories from associations over the past few years, including embezzlement.

Make sure that your community swimming pools are ready for action this summer by checking their safety, insurance coverage, and legal compliance. Many associations don’t conduct legal checkups, which is risky considering the number of lawsuits and regulations that exist. A big part of a checkup should be conducting an insurance inspection. Your association should inspect the pool area with a representative from the association’s insurer, if one is available and willing to visit.

By signing Senate Bill 1454 into law, Arizona Gov. Jan Brewer has pulled community associations into the fray of campaign finance legislation that critics have said is “sweeping.” They say that the pressure to pass the bill increased in the final hours of the legislative session, as it became a catchall for some stalled measures in the Arizona Senate and House. The new law will go into effect Sept. 13, 2013.

If a member builds a fence, patio, or any other structure that encroaches on a common area—even just a little—quickly assert your legal rights to have it removed. If you don’t and enough time passes, that portion of the common area could become the member’s property.

Inevitably, for one reason or another, a community association board member will give up her position. When this happens, the association has the sometimes difficult task of replacing the outgoing member. There are certain qualities that some people have that make them more suitable for the role than others. Experience, of course, helps too. After all, the more a new board member knows, the more she’ll be able to contribute to the association in a meaningful way. You may be asked to help the board determine who the best replacement for an outgoing board member is.

Anticipating risks and then coming up with reasonable, cost-effective, and practical ways to reduce them is a large part of being an effective association manager. Because you and your staff are at the community day-in and day-out working on everything from dealing with the board to making sure that landscaping projects are going well to responding to members’ complaints or questions, you’re in the unique position of seeing potential problems before they arise.

The case law issued in recent years by U.S. federal and state courts was replete with lessons for community associations and their managers alike. A major theme that has emerged is the repair and maintenance of both common areas and members’ units. Sometimes, like in the following case, the dispute revolves around who owns an area (and therefore, who is responsible for its upkeep): the member or the association.