eAlerts

Despite widespread warnings about the dangers of cigarettes, you’ll no doubt have at least some smokers in the community you manage. This is especially problematic in condominium buildings, where smoke from one unit can permeate other units and common areas—leading to bitter complaints or damage that you’ll have to deal with. Some cigarette smoke complaints might even purport that the smoke is causing health issues for other members.

Q: I’ve had to send several notices to homeowners in the planned community I manage. They’ve installed fencing that isn’t compliant with association requirements. There has been so much correspondence regarding the issue—do I have to reference in each notice exactly what the homeowners are being warned about?

Q: Our association has a no-pets policy. We think that a member is trying to pass off his pet as an assistance animal. He’s provided us with paperwork to document his claim, but it appears to be something he’s gotten online, not from his own healthcare provider. What should we do?

Association boards are filled with people from all walks of life. And although the volunteer position offers no financial compensation, board members have considerable responsibilities. They are basically in charge of running a “business” with all the same attention paid to revenues, expenses, and assets. On top of carrying out the association's administrative duties, board members have to be concerned with exposing themselves to one of the perils of their position—the potential for conflicts of interest.

HUD recently announced that it has won an important appeal in a fair housing case against a Puerto Rico condominium association for discriminating against a resident with disabilities by refusing to allow him to keep an emotional support animal.

For an association, its board of directors, or manager, there is never a good time for a lawsuit. If the association has been forced to sue a member due to chronic rule violations or unpaid assessments, it can lead to expensive and protracted litigation. And if the association is being sued, it faces those same problems. But in the case of a discrimination claim by a member, statutory fines and governmental involvement also pile on.

Common area renovation projects can be a nuisance to members. And while most members are usually supportive and tolerant of those projects because they realize they help to make the community a better place to live, not everyone feels that way. Frustration can crop up if members find that they have to unexpectedly put up with noise and construction, especially if it’s near their units.

If your community includes mixed-use space, your association may be afraid that members will have to battle customers who are visiting retail stores or entertainment venues for parking spaces. But worse than that is the increased risk of crimes happening at the community if nonmembers have access to parking lots or garages. This can be commonplace if a member regularly rents out his space, creating a steady stream of strangers using that spot.

Regardless of how well you manage a condominium building or planned community, inevitably, some homeowners will complain. Not everyone will agree on decisions that are made. And the way in which associations operate—homeowners live essentially under the rule of elected leaders—can breed resentment. Sometimes, complaints are well founded, but it’s not surprising that others are mean-spirited or have no basis in fact.

The ability to control the appearance of homes and other improvements in a planned community is a selling point for homeowners who want to ensure that their neighborhood is nicely maintained and that unsightly decorations or design schemes are kept at bay. Typically, aesthetic requirements are found in the governing documents.