Departments

Mishandling a Service Animal Request Can Cost Your Board — and You — Big Time

Owner requests to get around pet restrictions with service animals are nothing new, yet associations continue to struggle with how best to handle them. We’ll tell you about a new case that make clear how costly this can prove, not just for associations but also for management companies. “In this case, the HOA did everything…

Handle Service Animal Requests with Care — or Face Stiff Penalties

From peacocks and pigs to turkeys and skunks, people seem to eat up stories about unusual animal aides. They’re often less amused, though, when their neighbors want community association rules bent for their service animals. A recent case out of Nevada illustrates the potentially steep costs for associations, board members, and management companies of hastily…

Owners Have Solar Panel Plans; Do You Know What Your Association Can — and Can’t — Require?

Solar power is making gains in many parts of the country, and more and more community association owners are interested in installing their own panels. Associations traditionally have been resistant to such projects, citing aesthetics and other reasons. We’ll explain how state laws can limit associations’ ability to regulate solar panel usage. Why the surge…

Solar Power in Community Associations: What Can — and Can’t — Associations Do About Owners’ Solar Projects?

Polling shows more people than ever are concerned about climate change — and people have always been concerned about their bottom lines. Whether driven by environmental concerns, financial considerations, or both, owner interest in solar power is on the rise in many communities. And, while neighbors may have aesthetic and other objections, state laws might…

How Neighbor Disputes Can Lead to Association Liability

Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. This week we explain why, under a federal regulation issued by the Department of Housing and Urban Development (HUD), that approach could backfire big time. Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of…

Are Community Associations Liable for Harassment Between Owners?

Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. Under a federal regulation issued by the Department of Housing and Urban Development (HUD), though, that approach could backfire. Association Liability for Owner-on-Owner Harassment Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of California…

How to Handle “Chronic Complainers” in the Community

Most community association managers have run into the unpleasant phenomenon of the “chronic complainer” in at least one of their communities. Owners who are never happy and may even turn to the courts for relief, no matter how minor the issue, can cause some frustrating and costly headaches. A judge in the Chicago area recently…

Access Denier Ends Up on the Hook for Association’s Legal Bills

Governing documents generally allow associations to enter individual units with proper notice for maintenance and emergency repair purposes. Owners don’t always cooperate, though, and sometimes associations have to go to court to gain access. The good news? As a case involving a California owners association demonstrates, they may be able to recover their costs for…

Owner Who Denied Access to Her Unit for Repairs Liable to HOA

A recent case involving a California owners association demonstrates that HOAs in the state may be able to recover their costs when they have to go to court to force owners to grant access for units for maintenance or an emergency repair. Access Denied Throughout February and March 2016, the association made repeated efforts to…

The Great Defibrillator Debate: Weighing the Pros and (Potential) Cons

The ready availability of automated external defibrillators (AEDs) significantly improves the odds that the victims of sudden cardiac arrest will survive, so it might seem like a no-brainer for community associations — especially those with aging populations — to install the devices. This week, we dig into why it’s important to understand some of the…