Articles

Facts: An Ohio condominium association adopted an amendment to its governing documents that reduced the number of rental units allowed in the community. A group of owners filed for a court declaration, alleging that the amendment was invalid because it affected the fundamental purpose of the owner's unit. They argued that according to the governing documents, 100 percent of the members had to approve it rather than the 75 percent who did, because the amendment affected a fundamental purpose of a condominium unit.

Facts: An association member enlarged his front stoop and the back patio of his townhouse in violation of the governing documents. The association fined him $500, ordered him to restore his property to its original condition, and suspended his voting rights as a member of its board of directors for 60 days.

The two government-sponsored mortgage giants, Fannie Mae and Freddie Mac, are raising their loan fees and implementing a new program to cut down on abusive appraisals.

The possible presence of a sex offender within a community gives rise to unique issues. Oftentimes, associations' governing documents impose duties on the board of directors to maintain “safe” conditions for association members. Thus, the board of directors may have a duty to act once board members learn of a sex offender living within the community.

A pandemic flu is a global outbreak of disease originating from a new flu virus. Since most people have little or no natural immunity to these new flu strains, pandemic flus are likely to be more severe than seasonal flus with greater risk of hospitalization and death.

Facts: A member sued his condominium association to compel the association to make repairs to the common area to prevent water intrusion and flooding into the lower level of the member's condominium. During a period of heavy rainfall, there was standing water in the member's condominium.

When you hire a bad apple to work in your community, you run some serious risks. The individual may perpetrate some sort of crime due to easy access to your members. If news of the crime gets out, your community's reputation may plummet and you may fall into a costly legal trap called “negligent hiring.” The association or your management office may be liable because you exposed members or visitors to dangerous employees through poor hiring practices.

Facts: A member sued to have a court declare whether a parking rule approved by the association's board of directors was valid and enforceable. The board passed a rule prohibiting members from parking anything but a single motorized vehicle in a member's assigned parking space. The member testified that he was using his assigned parking space to park a motor vehicle and a motorcycle, and he claimed that the rule was passed solely to eliminate his parking arrangement.

Ruling: The trial court ruled for the association.

This past winter, you may have received calls from members complaining about inadequate heat in their condo units. Often, these complaints are unfounded or result from easily correctable problems. Provide too much heat, however, and you are just wasting fuel and money. The best bet is to address heating complaints right away, while also controlling your heating costs.

Facts: A condominium association's declaration that established the association contained no restriction regarding rental of the units. Many years later, the association amended the bylaws to prohibit rentals of condominium units. One of the owners leased her condominium unit over the association's objection, claiming that the rental prohibition was ineffective because it had not been added to the association declaration. The association then filed a lawsuit asking the court to declare that the bylaw amendment was enforceable.