Departments

How to Avoid Liability for ‘Practice of Law’ and Debt Collection

As a community association manager, a large part of your time can be taken up with questions from directors and members that require a response. While you might want to provide as much helpful information as you can, be aware that this area can be fraught with risk for you and your management company. That’s because giving what you think of as a detailed and helpful response could be seen as “the practice of law” under certain circumstances, which could subject you to penalties.

Preserving Right to Enforce Restrictions

Q: A homeowner in the planned community I manage has installed a shed in his backyard. Under the association’s declaration of restrictions, the homeowner is required to get written permission to install this type of structure, but didn’t. He refuses to remove it, saying that multiple other similar sheds are visible in his neighbors’ yards. If the association sues him, what’s the likelihood that other owners’ unapproved structures will affect the outcome?

Homeowners Concerned After $20M Jury Verdict for Playground Tragedy

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.

Unit Owner Had No ‘Actual Controversy’ with Condominium Association

Facts: A condominium unit owner alleged that a board of directors election for the community had been improperly conducted. He claimed that there were statutory violations. He asked a trial court for declaratory relief—that is, a judgment of a court that determines the rights of the parties without ordering anything be done or awarding damages—but the court denied it. The unit owner appealed.

Decision: A California appeals court affirmed.

Use Bylaw, not Rule, to Ban Smoking in Community

As time goes on, even more information emerges about how dangerous smoking is not only for smokers, but also for those exposed to secondhand smoke. Secondhand tobacco smoke—Environmental Tobacco Smoke or ETS—has been classified by the Environmental Protection Agency (EPA) as a “Group A” carcinogen, a known cause of cancer. Smoking is also a fire hazard, leading to possible property damage; cigarettes or cigars that haven’t been completely extinguished can spark flames.

Explain to Board Why Environmental Initiative Is a Must

If you manage a condominium building that’s out of date environmentally, you should consider getting behind a green initiative. You could push for the building to become LEED certified. It’s possible to bring older condominiums up to date environmentally, but you’ll have to sell this idea to the board. Explaining LEED to them is important, but you’ll have to get up to speed on it first. Here’s what you need to know.

Learn about LEED

Governing Documents Often Determine Rental Issue

In some communities, there can be controversy over short-term rentals, with some members being strongly in favor of rentals while others fight to keep the community limited only to unit owners. But the outcome of a fight like this will be largely dependent on the covenants and governing documents of the association. In a recent case, a court determined that short-term rentals violated the restrictive covenant.

Pass Anti-Smoking Bylaw to Extinguish Related Risks in Community

Member Can’t Prove Nonmembers Were Voting at Meetings

Association Avoids Open Dialogue for ‘Open House’ Signage

An Arizona realtor has had to confront a homeowners association for disposing of his “open house” signs advertising properties he has listed for sale in the community. After discovering a worker from the association’s landscaping company driving away with the signs that had apparently been slated for the garbage, the realtor took video footage of their conversation during which the landscaper cited rules that the signs must comply with.