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Community associations often struggle to achieve the quorum required to elect new board members at their annual meetings. But does that mean the board members who carry over lose the authority to act? A Michigan Court of Appeals recently said it means no such thing. Channel View East Condominium Ass’n, Inc. v. Ferguson (Mich. App.…

Owner dissatisfaction with the way a community association is performing or the conditions or quality of the community and its amenities can create significant problems for an association — but it doesn’t justify the withholding of assessments. The Indiana Court of Appeals recently made clear that owners don’t have the option to simply stop paying…

In these heated times, anything involving politics has the potential to stir up trouble. With another big election year poised to consume the country, community associations might find themselves descending into dramatic, disruptive, and costly divisions. Even ostensibly non-political restrictions — such as those on signs — might trigger lengthy litigation if your clients don’t…

From fashion and slang to legal rights, California is known for starting trends. Now the state is poised to launch a sweeping set of fair housing regulations that go beyond the federal rules in some areas and could become the model for other states. “As far as we can tell, these are the first detailed…

From profane name-calling to fistfights, we’re hearing from experts that the behavior at community association meetings has been on the decline. Owners’ anger and anxiety are spilling over, and they’re directing their vitriol at board members, fellow owners, and managers. “The ability to contain oneself and act appropriately in a public forum seems to be…

A bylaw violation is a bylaw violation — and it doesn’t matter who created it. That’s the essential point made by the Michigan Court of Appeals in a recent case involving unauthorized alterations to a unit’s entrance door. The court ruled that an owner is responsible for violations even if they were committed by a…

The Missouri Supreme Court has rejected its long-standing rule requiring unanimous consent among owners to amend restrictions. The decision, which the attorney who represented the subdivision in the case described as a “sea change,” could have a ripple effect across other states when it comes to restrictions affecting a variety of hot topics in associations.…

As the holidays approach, some community association boards and their managers will soon find themselves dealing with owners who draw the ire of their neighbors by going overboard. Before drafting or trying to enforce decoration and lighting restrictions, or any restrictions, you and your boards should confirm that they have the authority to do so.…

After a years-long effort to update the federal rules regarding overtime compensation, the U.S. Department of Labor (DOL) has issued its final rule. The rule, which changes the eligibility standards for so-called white-collar workers, is scheduled to take effect on Jan. 1, 2020, so you need to act promptly to ensure your compliance and reduce…

A new California law taking effect Jan. 1, 2020, tackles restrictions on the display of religious items on owners’ entry doors and frames — and it won’t be the first such law in the United States. Other states, including Connecticut, Florida, Illinois, Texas, and Rhode Island have similar statutes. These laws might seen unnecessary in…