Departments

Big changes are coming to broadcast television, and some of your members may have been contacting your management office with questions about the upcoming change. Currently, broadcast stations are broadcasting in both analog and digital. But on Feb. 17, 2009, all full-power broadcast television stations are required to stop broadcasting in analog and continue broadcasting in digital only. This is known as the digital television (DTV) transition.

There are times when even good planning cannot prevent significant and unforeseen budgetary challenges beyond an association's control. The latter half of this year has seen an increase of foreclosures that are affecting entire communities as members are abandoning homes and leaving dues unpaid. And when associations are short on funds, boards may struggle to juggle costs to prevent members from having to make up all the difference.

Q My association publishes a community newsletter and hosts a community Web site. I can readily imagine a situation in which a disgruntled member or local business falsely accuses the board of defamation for something that may be published in the newsletter or on the Web site. What are the defenses against defamation lawsuits?

Q I am the treasurer of a condominium association. I am concerned about how the Emergency Economic Stabilization Act may affect the safety of our association's accounts with banks. Our association collects monthly maintenance payments from members and deposits the funds into three accounts that are used for operating expenses, security deposits, and large-project reserves. Please explain how our accounts might be affected by the act.

Facts: A dispute arose between a condo association and a developer after the developer obtained a permit to construct a parking garage adjacent to the condominium building for its commercial property. In its plans, the developer reduced the parking available for association members and did not provide for guest parking, contrary to agreements made when the condo association sold the land to the developer's predecessor. The association sued the developer.

Facts: Unlike other roads in the city, the roads in a subdivision-style condominium development were owned by the association, which hired contractors to maintain them and perform tasks such as snow removal. The association sued the city for denying road services and creating a heavier burden on members than on owners of single-family homes.

Ruling: A Wisconsin district court dismissed the association's lawsuit.

Facts: A member sued his condo association and the management company for injuries he suffered when he slipped on an ice patch. The association had a contract with a snow removal service. The member alleged that because of the negligent removal of snow, several large patches of ice accumulated on the walkway. The trial court dismissed the member's lawsuit because under Illinois law, anyone in charge of residential property is not liable for any personal injuries allegedly caused by a sidewalk's snowy or icy condition unless the person's acts amount to clear wrongdoing.

Facts: A member sued to challenge her association's decision to eliminate street parking. The association asked the court to require arbitration and to postpone the lawsuit until the matter could be settled through arbitration. The trial court denied the association's request, finding that the association's arbitration provision in its governing documents was unenforceable. The association appealed.

Ruling: An Ohio appeals court reversed the trial court's decision.

Facts: An elderly member transferred ownership of her home to a trust that she had set up. Under the terms of the trust, the ownership of the home would transfer to the member's son at the fifth anniversary of the trust's establishment or when the member died, whichever occurred first.

Facts: A member sued a condo association for discrimination under the Fair Housing Act. The dispute started when the member challenged an amendment to the community's governing documents limiting the number of times a member could lease a unit to three times. The member asked the trial court to prevent the association from implementing the amendment before the actual trial begins. The member argued that this amendment would have a racially discriminatory impact on potential renters.

Ruling: An Indiana district court denied the member's request.