Departments

Take Four Steps to Put End to Member-on-Member Harassment

Living in close proximity in a condo building or sharing amenities year after year in more spread out planned communities can throw together members with different points of view—some of them controversial. The past year has created divisiveness in political conversations and discussions about recent exposes regarding sexual harassment. But some states had reported a rise in hostility and aggressive behavior among community association members even before national events brought up these issues to argue over.

Determining Whether Items Not Mentioned in Guidelines Are Permissible

Q: In a casual conversation with a homeowner in the planned community I manage for an association, she mentioned she would like to install a mailbox that resembles a cartoon that her children like. She said that she has checked the association guidelines for rules on mailboxes, but they aren’t specifically mentioned. However, she doesn’t want to install the mailbox only to later be told to take it down, or be fined. What typically happens when association guidelines don’t cover rules for certain items?

Don’t Allow Staff to Work on Elevators

It’s smart for associations to have a continuing maintenance and repair contract with an elevator contractor. Elevator issues can turn deadly so experts in that field are invaluable, and can help you avoid liability for you and your staff. But don’t let your staff do any work on your community’s elevators, except for routine cleaning and light bulb replacement.

Ensure Board Members Don’t Exceed Term

Although board member positions are voluntary, many members take them seriously—and personally. That could create controversy. That’s because, sometimes, 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.

Short-Term Rentals Violated Restrictive Covenant

Homeowners in a planned community asked a trial court for a temporary injunction, prohibiting their neighbors from renting out their home to vacationers for a profit. (A temporary injunction orders a party to do or not do something while a court case is pending.) The homeowners asserted that the rental of the home violated the restrictive covenants of the association, in part because they were using the home for nonresidential purposes—that is, operating a hotel.

Fight Over Scenic Neighborhood Photo Shoots Turns Ugly

Neighborhoods that are governed by a homeowners association have a tendency to be attractive and well manicured. After all, that’s a major reason why members pay dues and want to live in such a community. But a photogenic Houston community is trying to block photo shoots from its streets. The association placed signs around the perimeters of the neighborhood advising photographers they could not shoot in the park and esplanades on the property.

Prepare Association for Serious Emergencies

The day-to-day management of a planned community or condominium building can be a heavy workload, filled with tasks that are crucial for keeping the association running smoothly. When you’re busy with the daily duties, however, planning for an event that has only the potential to occur is easy to put on the back burner. The past year has shown that major disasters—whether they involve epic weather, acts of terror, or violent crimes on a mass scale—can and do befall communities across the country.

Make Laundry-Room Service Contract Work for Association

Some condominium buildings have a shared, central laundry room for members, instead of washing and drying appliances in units. Even in planned communities with freestanding homes, the association may decide to use a common laundry room. Having a well-maintained laundry room in a condominium building or a community is important for both residents and associations. Associations benefit from ancillary income, and members don’t have to find off-site laundromats, where they may have to spend hours waiting for machines.

Association Can Deny Unreasonable Request for Parking Spaces

While responding to a reasonable request for accommodation should be done carefully to avoid liability for the association and a subsequent lawsuit, that doesn’t mean you have to grant all requests. On the contrary, courts often rule that some requests are either overly broad or have no real connection to the member’s disability. Sometimes, both issues are at the center of a case.

Prepare Disaster Plan for Three Events That Could Hit Community Hard

The day-to-day management of a planned community or condominium building can be a heavy workload, filled with tasks that are crucial for keeping the association running smoothly. When you’re busy with the daily duties, however, planning for an event that has only the potential to occur is easy to put on the back burner. The past year has shown that major disasters—whether they involve epic weather, acts of terror, or violent crimes on a mass scale—can and do befall communities across the country.