Articles

How the Foreclosure Fraud Scandal May Affect Associations

Ally Financial, one of the nation's largest lenders, recently announced that it's withdrawing all of its foreclosures in Maryland that were approved by employee Jeffrey Stephan, the “robo-signer” who admitted he signed off on thousands of files every month with little or no review.

Association Not Liable for Racial Discrimination

Facts: Under an association's governing documents, a purchaser had to pay at least 10 percent of the purchase price on the property with financing not to exceed 90 percent of the purchase price. A prospective buyer agreed to purchase a condominium for $55,000. She intended to pay $35,000 with funds from State Housing Initiatives Program (SHIP). Unlike bank loans, the recipient of SHIP money need not pay it back.

Police Arrest Squatters of Foreclosed Home

Police detectives in Newport Beach, Calif., recently arrested a couple for illegally squatting in a $2.6 million, ocean-view home. The couple had previously admitted they had entered the house, changed the locks, and put the utilities in their names, even though they did not own the property or have the owner's consent.

New ADA Requirements May Affect Association Pools

The Americans with Disabilities Act (ADA) applies to “public places” and not to private communities. However, if your community allows public use of its swimming pool or other facilities, you may be subject to the ADA and its most recent revisions.

In 2010, the U.S. Department of Justice issued final regulations revising Title II and III of the ADA, including the ADA Standards for Accessible Design. The revised regulations will take effect March 15, 2011, and compliance must be achieved by March 15, 2012.

What Associations Need to Know About the Federal “Red Flags Rule”

The Red Flags Rule is a regulation published by the Federal Trade Commission (FTC) under its consumer protection authority to compel businesses to develop written plans to combat identity theft. It was created under the authority of the Fair and Accurate Credit Transactions Act (FACTA) and the federal Fair Credit Reporting Act (FCRA).

Association Responsible for Leaky Sewer Pipe

Facts: A member had a leaky sewer pipe two feet beneath the concrete slab underlying his condominium. The leak was discovered when liquid seeped up into the floors and carpet of the member's unit. The leak was reported to the association's president, who called property management, who then sent a plumber to make repairs.

Nevada Ruling Limits Collection Agency Fees

Nevada Financial Institutions Division Commissioner George Burns recently ruled that collection agencies for community associations in Nevada can no longer charge excessive fees. The decision limits collection agencies to nine months of back association dues and permits fees only as outlined under state laws. Any added fees or charges must first be approved by the association.

Member Allowed to Keep Pet Bird

Facts: A property manager wrote to a member, asserting that she was in violation of the community's governing documents by keeping a bird in her condominium and permitting it to chatter and whistle to the annoyance of other members. She was given two weeks to remove the bird or the association board would begin fining her $10 per day. The manager again wrote to her a month later, notifying her that fines were being assessed against her unit at the rate of $10 per day.

Bedbug Protection for NY Condo, Co-op Buyers

The New York State Legislature passed a law requiring city landlords to disclose any history of bedbug infestation before leasing an apartment. Real estate lawyers say that even though the law was intended to address rentals, bedbug disclosure has become an issue in the sales market as well.

Investor-Member Required to Pay Special Assessment

Facts: An investor bought eight condominium units within an association, giving him approximately 18 percent ownership of the building. The investor consistently paid maintenance fees for common expenses, and he also paid special assessments as needed for roofing repairs and painting.

At one point, the board met to discuss a special assessment for replacing the siding in the building. The members who attended this meeting did not object to the proposed special assessment, and the board approved the replacement of the siding of all the units in the building.