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After a spate of pit bull terrier attacks in recent years, many community associations have questioned the wisdom of permitting members to keep pit bulls and other so-called “restricted breed” dogs, including German shepherds, rottweilers, and Doberman pinschers, as pets. Frequent reports of dog attacks have also reignited the debate between pit bull critics and supporters of the breed. Critics say that while pit bulls don’t bite as often as other dogs, their jaw strength and behavior when they do attack make them the most dangerous of all breeds.

Q: Our homeowners’ association recently acquired a vacant lot with no mortgage through foreclosure. We plan to sell it. Does the association need to pay assessments on a lot that it owns?

Don’t try to influence your association’s election by stating that if a certain person is elected, you or your management company will cancel its contract. While it’s not illegal to seek to influence association elections, generally it’s inappropriate for community association managers, whether they’re on-site employees or representatives of a management company, to try to sway an election.

Facts: A member of a condominium association sued the association, alleging that its property manager, its manager’s employees, and the employees of a contractor performing balcony work in the building had made misrepresentations regarding the project. The member later requested that the trial court allow him to amend, or change, his original lawsuit to add a claim for punitive damages—that is, damagesawarded by the court against a defendant as a deterrent or punishment to redress an egregious wrong.

Facts: A worker was injured while using a nail gun to install base moldings in a condo unit when a nail ricocheted and struck his eye. The worker sued the condo association, including its board and manager, for negligence and labor law violations. The worker claimed that the association was the "owner" of the unit because the association owned the land beneath the building, and that the board and the manager were its “agents” as a result.

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.

Community associations often face difficulties when members lease their units to renters. Many renters who come to live at an association have lived only in rental buildings before, so they don’t really understand how associations operate. For example, they don’t understand that members in community associations own their own units, and therefore rely on each other to cooperate and follow the association’s rules. Or they don’t understand that they too are required to follow the association’s rules, bylaws, and restrictive covenants.

Before sponsoring an athletic event like a basketball game at your community, read your liability policy to see if athletic events are covered and speak to your insurance broker also. Why? Insurers often exclude injuries resulting from athletic events from an association’s liability coverage, which could leave the community open to liability for any injuries that occur during the game. If athletic events aren’t covered, ask your broker if you can buy an “endorsement,” which adds the excluded risk to your coverage.