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Facts: A guest of homeowners in a planned residential community was attacked and killed by an alligator. Before the community was developed, the land within and surrounding its boundaries was largely marsh, where indigenous alligators lived. In order to develop the property, the association installed a lagoon system that allowed enough drainage to create an area suitable for a residential development. After the project was completed in the 1970s, the indigenous alligators subsequently began to move in and out of the community through its lagoon systems.

That's according to 74 percent of community association managers surveyed last month by the Insider, who believe community association financial conditions are finally improving. Respondents reported that the number of foreclosures, if not declining, have at least leveled off. As one respondent put it, “More good, dues-paying owners are coming in behind the bad owners who never should've been allowed to purchase during the ‘subprime’ heyday.”

Q A member of the community I manage has fallen behind on his assessment fees. The association has tried to work with him to get current on the charges, but its efforts haven't helped. What is the next step the association can take to recoup what it's owed?

Facts: Members in a planned community sued the homeowners association, arguing that their deed didn't require them to pay semiannual assessments to the association. The members asked a trial court for a declaratory judgment that they weren't required to pay the assessments. The association asked the trial court for a judgment in its favor without a trial, which the court granted. The homeowners appealed.

Decision: A Massachusetts appeals court upheld the decision in favor of the association and dismissed the case.

Facts: A member who lived in a planned townhouse community ran for town council and posted two signs in support of his candidacy at his home—one inside a window and another inside a door. The association's governing documents banned all residential signs except “For Sale” signs. The declaration precluded signs “in or upon any Building, the Common Facilities, or any part thereof without the prior written consent of the Board.” However, no written guidelines existed to direct the board's discretion in this area.

Facts: The manager of a townhouse community hired a snow removal company to perform snow removal services. Under its maintenance contract with the association, the company was responsible for removing snow from the streets, sidewalks, driveways, and parking lots within the property's common area. After a large snowstorm occurred, the company began removing the snow from the association's common elements, but finished clearing other areas the following day.

Several graduating seniors from a Maui, Hawaii, high school have received scholarships totaling $18,800—courtesy of the Wailea Community Association. A reception was held at a local restaurant to honor the seven graduates. The Wailea Community Association is made up of businesses and homeowners who, as members, contribute to the annual scholarship fund; a portion of…

If a member of the community you manage has fallen behind on his assessment fees--and even the association efforts to assist him haven’t helped him to get current on the charges--what’s the next step it can take to recoup what it’s owed? In cases like this one, your association has three options: (1) file a…

You've probably been frustrated at some time with a lag in member participation in your community's voting process. For everything from board elections to special referendums, a community runs more smoothly when everyone feels involved and that their opinions are heard. Be aware that alienated members are the ones most likely to feel dissatisfied and resentful. That's why it's important to take advantage of the opportunity to implement an online voting process if it's legal to do so in your state.

If you're like most association managers, you've tried to make your community as “green” as possible by using environmentally friendly products, implementing a recycling program, or making your office “paperless.” These efforts probably weren't controversial or difficult to achieve. However, the growing movement toward another environmentally friendly tool—electric vehicles (EVs)—will have a greater impact on your community.