Departments

Association Hatches Plan for Removing Pet Chickens from Community

A Michigan family has been told by their homeowners association that they can’t raise chickens at their home in a planned community. In a letter to the family, the association demanded that the family comply with “applicable covenants” and remove the chickens they were keeping in their backyard as pets. But a lawyer for the family clarified that there was no regulation in the homeowners’ association rules prohibiting them from keeping chickens. However, the association changed its bylaws shortly thereafter; its rules now prohibit chickens.

Association’s Enforcement Efforts Weren’t ‘Outrageous’

Facts: A homeowner in a planned community violated several restrictive covenants by allowing his roof to fall into disrepair and keeping a tree stump and car on his lawn, among other things. The association began sending him warning letters. When the homeowner refused to rectify the situation, the association called him multiple times and then began legal proceedings. Throughout that process, the homeowner complained to the association that he was being harassed by the letters and phone calls.

Management Company Wasn’t ‘Debt Collector’ for Association

Facts: A community association hired a management company to handle all aspects of maintaining the community, including notifying members of delinquencies and other assessment and dues issues.

Condo Renter Claims Request for Assistance Animal Was Met with Threats to Evict Her

Facts: A resident rented a condo unit for three years from its owner, who was a member of the community’s homeowners association. She lived there with her minor daughter under a month-to-month tenancy. Allegedly, the resident was under medical supervision for post-traumatic stress disorder (PTSD).

Help Association Go Green with Environmental Initiatives

Reducing the waste that a community association and its residents create is one of the most important aspects of responsible and sustainable property management.

Determining Who Will Do Elevator Maintenance

Q: The maintenance staff for the community I manage handles nearly every aspect of taking care of the property including landscaping, ensuring there’s tight security, and even cleaning the pool. Recently, one of the elevators has been working improperly. Should I allow staff members to work on such a technical piece of equipment?

Don’t Selectively Enforce Restrictions

From time to time, a homeowner in the community you manage will want to install—or will install without permission—some item that isn’t allowable under the association’s declaration of restrictions. While this seems cut and dried because governing documents set out what can and can’t be done, it’s possible that things can get more complicated if other homeowners have been allowed leeway in the past.

How to Establish a Waste Reduction & Recycling Program

By Carolyn Zezima, Esq.

Take Stress Out of Change in Management

Although it sometimes seems like an on-site association manager is part of the community because she’s on the property continually, this is a job and, at some point, the manager or the management company will inevitably leave. The question that concerns owners and the board of directors at that point is whether the transition to a new manager and company will be smooth and productive.

$20M Jury Verdict Raises Alarming Questions for Homeowners

A homeowners association in Las Vegas is facing not just a staggering jury verdict in favor of the family of a teenager who was injured by playground equipment in the community, but also questions from confused members, some of whom feel misled.

In 2015, a swing set crossbar in the community’s common area fell on the 15-year-old boy’s head, causing permanent brain damage that will worsen over time. Court records show the association did not have a maintenance and inspection plan on their playground equipment.