Articles

In Portsmouth, N.H., the 23-unit Atlantic Pointe condominium association is suing two members for planting heirloom perennials, shrubs, and other plants in the mulched common areas adjacent to their units. The members, who say they received permission from the developer before owners took over the association in 2010, defended their decision to plant the garden,…

As the seasons shift at your community, you'll be presented with safety, equipment, and maintenance challenges. Summer is quickly approaching. Are you ready? Follow the Insider's step-by-step summer preparedness guide to minimize risks associated with the season and ensure that community members get the most out of this pleasant time of the year.

Facts: A condo association's manager discovered that it had failed to invoice the correct monthly dues for 10 months to the 36 members of the association. As a result of this billing error, there was an $8,521.50 shortfall. With the association's permission, the manager divided the total of $8,521.50 by the number of members, and tried to collect a one-time charge of $236.71 from each. A certain member had paid her monthly and quarterly assessments and dues in a timely manner until that point but refused to pay the assessment.

Facts: A luxury recreational vehicle (RV) park association allowed the owners of lots in the park to rent them to non-owners. To regulate lot renting, the association's board of directors enacted three resolutions that imposed requirements for owners to meet before renting their lots, such as identification requirements and ensuring available liability insurance. The resolutions also imposed rental fees to be paid by owners and penalties for nonpayment of the fees.

Sometimes members in a community that has a ban on barbecue grilling on patios and balconies don't take this ban seriously, especially during the summer months. To combat this, write a rule that effectively bans grilling.

A rule stating “Grilling on balconies is against the fire ordinance” is not enough. A thorough rule should:

• Cover not only “grilling,” but also the use of any type of outdoor cooking device;

• Ban members from using this equipment anywhere—in the unit, on patios, balconies, and terraces; and

The owner of a home in a Wesley Chapel, Fla., development was shocked to find out that her tenant had been evicted by the homeowner's association, which changed the locks and moved in its own renter. The owner said that the home hasn't been foreclosed on, but that the association still has taken it over. Now, a legal battle is heating up over whether the eviction is legal. Some HOA legal experts said that it might be, because the owner moved a tenant into her house without paying off a lien the association had imposed.

Community association management offices commonly use email as their main communication tool. Because of that, your employees may need to frequently send and receive emails in order to do their jobs. However, personal or inappropriate emails that come from your management company or association's email system could, at the very least, reflect poorly on your ability to manage your staff and also on the community, and at the worst, make you or the association liable if the emails cause any damage.

Q: Do the courts hold an association responsible for enforcing every community rule? A: How strictly HOA rules are enforced varies from community to community. Some rules and regulations are necessary for a board to enforce, especially when a member creates a problem that could affect the health and safety of other members. In such…

Q I live in a small condo co-op. When I've seen board members in the building, we've discussed that portions of the balcony outside my unit need to be either repaired or replaced. They've agreed that the association should be responsible for the cost of this and similar repairs to other units in the building. But when I formally asked the association to pay for the repairs, it said that it's my responsibility under the declaration and bylaws.

Facts: A son submitted one application for himself and another for his mother to rent two units in a condo building that was run by an association. The lease for the son's unit was conditioned on approval of the lease for both units. Along with their applications, the mother and son requested an exception to the association's no-pet policy so that the 95-year-old mother, who suffered from mental and physical disabilities, could keep her emotional support dog.