Articles

Facts: A condominium community's units were developed in several different styles. Some were built with two stories and others with one. Over time, several owners asked the board for permission to build second-story additions to their one-story units, and the board liberally granted permission.

On April 22, 2010, a new federal Environmental Protection Agency (EPA) lead-based paint rule called “The Renovation, Repair, and Painting Rule” took effect. The new rule requires managers and associations to follow lead safe work practices when disturbing a painted surface in pre-1978 housing and child-occupied facilities. Disturbances can occur when painted surfaces are sanded, demolished, renovated, or repaired.

An Omaha condominium association and its former president have agreed to pay more than $127,000 to settle allegations of discrimination against families with children.

The association and its former president were sued in 2008 and accused of interfering with the sale of one of the units. The lawsuit claimed that the association's rules barred the sale or rental of condos to families with children. The lawsuit also alleged that the former president's conduct constituted a pattern of discrimination.

Facts: A condominium association raised its monthly assessment. A member continued to pay the old amount, claiming that he was not notified that the condominium's board of directors had approved the increase.

Facts: A townhouse community charges its members an annual assessment. Since 1974, the assessment has increased three times. For a few years, some members did not paid their assessment because they believed that an increase imposed in 2002 was not valid. As a result of nonpayment, the association filed a lien on the members' properties and pursued foreclosure for a money judgment.

Facts: An association's architectural committee is charged with reviewing plans for any improvement within the community to ensure that they comply with the governing documents and are in harmony with neighboring buildings. Once the plans are approved by the committee, actual construction of any improvements is required to comply strictly with the approved plans.

Facts: A group of members sued the board and a wireless telephone company to invalidate a lease contract between them and to prevent the company from constructing and erecting cellular telephone antennas and related wireless communications equipment on the roof of the condominium.

Your community may set reasonable rules to protect the safety of your members' children and respect other members' right to enjoy their property. But your community must be careful that your rules do not unfairly single out children, or your association may be charged with discrimination based on familial status. The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status, which generally refers to minor children.

Communities that have successfully engaged members in recycling often find savings in their waste management costs. In San Diego, for example, the average cost of a trash pickup is $21.50 per Dumpster, while it costs only $10.50 to pick up a recycling Dumpster. If a condo community with 10 trash Dumpsters serviced three times a week replaced five of the trash Dumpsters with recycling Dumpsters, the waste disposal bill would decrease by $165 per week, which comes out to an annual savings of approximately $8,750.

Facts: A management company sued an association for failing to pay management fees and reimbursements for property repairs. During the course of their relationship, the board began to suspect that the management company was accepting money for repairs that never occurred. The association terminated its contract with the company.