Featured Articles

An owner sued an association for breach of contract and negligence after its tenant moved out because its unit was flooded with raw human sewage. An Indiana state court found a breach of contract but dismissed the negligence claim (Castleton Corner Owners Ass’n, Inc. v. Conroad Associates, L.P.). Here’s what you need to know about…

In January 2021, a federal district court declined to dismiss an HOA and its management company from a lawsuit alleging liability for an owner’s harassment of another resident under the federal Fair Housing Act and the Indiana Fair Housing Act.

The Indiana case involves what the court called an owner’s "race-based campaign of harassing, taunting, and threatening African American and Latino residents, guests, and contractors," leading to the creation of a racially hostile environment at the HOA. It demonstrates one of today’s biggest, and still evolving, fair housing risks — liability for neighbor-to-neighbor harassment.

In this special report, we explore the latest developments in this and three other particularly high-risk areas. In addition to liability for neighbor-to-neighbor harassment, we dig into liability issues that can arise related to the handling of requests for reasonable accommodations, familial discrimination, and the lack of sensitivity to shifting norms. And we provide fresh advice for heading off liability in a time when discrimination of all kinds is at the forefront of discussion.

It’s up to managers to stay abreast of the issues and share their knowledge with their clients. We hope this report helps.

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The ongoing challenges of the COVID-19 pandemic have led to frustration and even burnout for many community association board members and other volunteers. As a result, some associations are struggling to fill more openings than typical. “It’s getting harder and harder, it really is,” says Paul Grucza, director of education and client development at the…

After numerous allegations of abusive behavior, a Chicago condo association imposed a $500 fine on an owner. It led to years of costly litigation, a $125,000 payment to the owner, and a court ruling that could haunt associations for years to come (Boucher v. 111 East Chestnut Street Condominium Ass’n, Inc., Ill. App. June 14,…

The desire for security lighting by owners with security concerns can put associations and boards in a difficult position, especially when their CC&Rs prohibit exterior or high-intensity lighting. What should your clients do when owners request permission to install lights that can be both protective and disruptive?The Balancing Act“Lighting is said to be a deterrent…

When owners start talking about board recalls, managers need to pay attention — and also take care that they don’t cross any lines. “Managers have to be absolutely neutral on recalls, but it’s a somewhat widely breached ethical requirement,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif.…

The California Court of Appeals recently shot down the argument that a single-family residence restriction prohibited short-term rentals (Lastavich v. Nob Hill Homowners Ass’n, Cal App. Dec 2, 2020). Many community associations trying to limit short-term rentals have found their battle complicated by the fact that their CC&Rs were drafted long before the days of…

Welcome packets for new owners in community associations are going through a makeover in more and more communities. The trend can be summed up succinctly: Less is more.A Necessary NuisanceThe welcome packet should be more than a cursory administrative task. Done right, it can generate positive feelings toward the community, the association, and the manager.…

The COVID-19 pandemic has worn everyone down — but the people who’ve been leading during a year of remote community association management say there are lessons all managers can take from this experience: 1. Work-from-Home Is Here to Stay “Being into this now just under a year, remote working has actually worked out well for…

It’s the year 2021, when your kids’ babysitters are on LinkedIn, and the teenager who cuts your lawn has a branding plan. But many community association management firms are still in denial about the need to market their businesses. “We have a bad habit in this industry of thinking we don’t have to market ourselves…