eAlerts

Spring is here, but it’s not too early to plan ahead for beating the heat if the community you manage experiences hot weather during the summer months. Keeping units and common areas cool during scorching summer months is especially important in certain types of communities—for example, communities whose residents are over a certain age and whose health conditions can be aggravated by excessive heat.

A Fairfax, Va., homeowners association spent big bucks on a small problem—and bankrupted itself in the process. The 44-unit townhouse community shelled out almost $400,000 in legal fees to fight a four-year battle with two unit owners who in 2008 placed in their yard an election sign that was four inches taller than the association’s covenants allowed.

Q: Some homeowners associations have an assessment bylaw that includes an annual cap on the amount that monthly assessments can increase without a vote of the members. Is this advisable?

Q: Your community allows pets, but limits their weight to no more than 20 pounds. If a disabled resident says she needs a larger dog as an assistance animal, must you consider making an exception to the weight restriction as a reasonable accommodation?

Proposed Florida legislation would speed up community associations’ ability to foreclose on houses or condo units with unpaid dues in the Sunshine State. Homeowners behind on their community-association dues would have to make good on the full amount before fighting the charges, under a bill filed by Sen. Alan Hays (R-Umatilla). The bill would also bring state oversight to Florida’s homeowner associations.

Does a community association have the right to demand rent from an owner’s tenant? Yes—at least in Florida.

Especially during the last economic downturn, associations have struggled to collect assessments from owners. In an effort to stabilize property values, the Florida legislature has empowered condominium and homeowners associations to demand rent from tenants occupying property where the owner is delinquent on his or her monetary obligations to the association.

Q: There are a lot of children in the community I manage who frequently use our playground. Most are with a parent or babysitter, but some of the older kids stay by themselves without supervision. Is my association required by law to make sure children are supervised in our playground?

An Edina, Minn., condominium association is facing discrimination charges from the U.S. Department of Housing and Urban Development (HUD), after allegations that it refused to allow children under 18 to live at the property. According to charges from HUD, the association, its management company, and its off-site manager all violated the Fair Housing Act by prohibiting children who are minors from living in the building, despite the fact that the property didn’t meet federal qualifications to be senior housing.

Q: Why is it important for a community association to have moving rules? What points should moving rules cover?