eAlerts

Few community association board members ever want to get involved in neighbor-to-neighbor disputes — but, under a U.S. Department of Housing and Urban Development (HUD) rule, sticking their heads in the sand could result in association liability for harassment under the Fair Housing Act (FHA). “The HUD regulations were adopted in October 2016,” says Brendan…

When the severity of the coronavirus became apparent this past spring, many community associations responded by shutting down their common area recreational facilities, whether required by governmental order or not. As time has passed and governmental restrictions have been rolled back, they’ve had to figure out how to proceed with their facilities. Making facilities available…

Surveys often indicate that compensation isn’t the most important factor in recruiting and retaining employees — but competitive packages, including strong benefits offerings, still play a critical role. And one area of benefits that gained a lot of attention in recent years is voluntary benefits. Unlike your “core” benefits like health and dental insurance, voluntary…

As the number of smokers falls, it seems the number of people irritated by smokers climbs — which can lead to problems in community associations. Things can get especially tricky when the irritated owner claims a disability. One such owner sued her association and its manager, alleging that their refusal to ban smoking amounted to…

The coronavirus crisis has thrown business as usual out the window. As your clients struggle to cope with the many effects, from operational to economic, they may be wondering about the enforceability of some of their vendor contracts in light of this unprecedented event. Depending on the circumstances, it possible that contractual obligations might indeed…

When owners volunteer for their associations’ boards of directors, they probably don’t expect that their responsibilities will include dealing with mental health issues, but they can and increasingly do — for example, when an owner appears to be a hoarder. While your clients may prefer not to get involved in such situations, that would be…

Every community association is its own animal, and that may be especially true for associations built along the water or in areas with special attractions. But, if you look past the superficialities, their disputes often have lessons for more “mundane” associations. That was the case with a Michigan dispute over dock rights. If they’re not…

You and your boards might not like it, but some associations’ bylaws clearly permit owners to rent their units. So what does that mean for managers and boards? Do they have some responsibility for vetting prospective tenants? Not according to a New York state court (Kling v. The 129 Lafayette Street Condominium). The owner of…

Violence is an unfortunate reality, and community associations and their managers need to prepare for the possibility of an owner falling victim and then seeking recompense from them. Preparation doesn’t necessarily require formal security precautions, though. Associations may be able to limit liability for themselves and their managers in their declarations. That’s what happened in…

Making the call on an owner’s request for a reasonable accommodation for an assistance dog under the Fair Housing Act (FHA) has grown increasingly difficult for many community association boards of directors, especially in the absence of up-to-date rules or guidelines from the U.S. Department of Housing and Urban Development (HUD). But now HUD has…