Departments
Mayoral Candidate at Center of HOA Kickback Scandal
A Florida homeowners association has sued a mayoral candidate, accusing him of authorizing a company to perform maintenance projects in the community, setting the prices, and then receiving kickbacks from the company while he served on a landscaping committee as part of his tenure on the association board.
Responsibly Budget Association’s Surprise Windfall
Associations, whether large or small, depend heavily on money to operate. Every aspect of keeping a community safe and running smoothly has a cost associated with it. Too often, associations make the news for negative financial reasons—fraud, bankruptcy, or other shortfalls that disrupt the community. However, an association that’s being run effectively combined with a strong local economy could have more money than expected. That’s great news for the association, but it creates the question of how that budgetary surplus should be used.
Avoid Legal Battle Over Leasing and Sales Transaction Denials
If the board of directors of the community association you manage has the authority to approve or deny proposed leasing and sales transactions, you might be wondering whether, if there is a denial, you should disclose the reasons behind it. And, if so, what is the best way.
Association’s Enforcement Efforts Weren’t ‘Outrageous’
One of the major draws of association living is the aesthetics of the community—specifically, the ability to compel owners to keep their properties well maintained. But, unfortunately, in your management of a planned community, you’ll have to deal with owners who don’t follow architectural review board guidelines or don’t keep up their properties with proper maintenance. There may be pressure from the board or homeowners to crack down on violations.
Determine How to Use Association’s Unexpected Income
Associations, whether large or small, depend heavily on money to operate. Every aspect of keeping a community safe and running smoothly has a cost associated with it. Too often, associations make the news for negative financial reasons—fraud, bankruptcy, or other shortfalls that disrupt the community. However, an association that’s being run effectively combined with a strong local economy could have more money than expected. That’s great news for the association, but it creates the question of how that budgetary surplus should be used.
Don’t Violate ADA, FHA When Evaluating Modification Requests
The Americans with Disabilities Act (ADA) became law in 1990, and the Fair Housing Act (FHA) was amended in 1988 to add protections for individuals with disabilities. But despite the length of time that these laws have been around, there’s still misinformation and confusion about how they apply to associations and their members, versus public spaces or private spaces that are accessible by members of the public. In general, the ADA applies to public spaces, and the Fair Housing Act applies to private spaces, such the interiors of members’ units.
ARB Controls Planting of Palm Tree Species in Community
Although one of the draws to community association living for many owners is the uniform aesthetic of homes and the ability to control fairly tightly changes that could be unsightly, sometimes homeowners want to make changes. Even if the architectural review board has approved certain changes, an owner might be tempted to stray from this if she thinks that the substitution for what has been approved is only slightly different. But don’t fall into the trap of thinking that a small variation would preclude the association from taking action.
Keep Track of Board Member Terms
Despite the fact that board member positions within a community association are voluntary, many members take them seriously—and sometimes become personally invested. That could create controversy when, as sometimes happens to comply with the law, association boards must be restructured. If you find yourself in the position of having to deliver the news and help with the restructure, you could be faced with accusations by board members that you’re improperly trying to oust them for your own motives.
How to Handle Disability-Related Requests for Modifications
The Americans with Disabilities Act (ADA) became law in 1990, and the Fair Housing Act (FHA) was amended in 1988 to add protections for individuals with disabilities. But despite the length of time that these laws have been around, there’s still misinformation and confusion about how they apply to associations and their members, versus public spaces or private spaces that are accessible by members of the public. In general, the ADA applies to public spaces, and the Fair Housing Act applies to private spaces, such the interiors of members’ units.
Paying Workers’ Comp for Fair Share of Physical Injuries at Community
Q: An on-site employee in the community I manage was injured. The employee had issues from an injury he suffered before working for the association. The association is required to pay workers’ compensation benefits for his current injury, but it seems unfair that we are potentially footing the bill for more damage than this accident in our community actually caused.