Departments

Owner Couldn’t Use Litigation to Amend Governing Documents

Facts: The water pipe serving an owner’s condominium unit was constructed in such a way that it ran through a portion of the ceiling of an adjacent unit prior to entering the owner’s unit. The adjacent unit underwent foreclosure. Subsequently, the utilities in the foreclosed unit were disconnected. Over the course of two years, the portion of the water pipe running through the foreclosed unit froze, broke, and caused damages. The unit owner had the subject water pipe and the damages repaired.

Don’t Get Slapped with Fair Housing Act Claim

No matter how large or small the community association you manage is, you’ll need to employ at least a few staff members. While they should receive training that’s specific to their job, there’s one type of training that’s necessary for everyone: how to abide by the Fair Housing Act (FHA). It’s easy to forget that maintenance workers, who fulfill many of their job duties without coming into contact with the community’s members, will sooner or later have interactions with home or condo owners.

Politicians Join Fla. HOA Developer Battle

A pair of state senators expressed their support for residents of a Florida homeowners association at a recent town hall meeting primarily concerned with gaining control of their community. Association homeowners from a community that includes about 27,000 homes are fighting legal battles with the association and with the community’s developer over the number of votes the developer would be able to cast in elections. Meanwhile, the developer sued the association in Circuit Court to get the maximum number of votes for undeveloped tracts.

Be Cautious When Making Decisions about Handicapped Member

Q: I manage a condominium building that was previously owned before the current association took it over. A handicapped unit owner claims that some elements of the building—namely, some doors—are difficult, but not impossible, for him to use as a result of his disability. He is suing the association under the Fair Housing Act (FHA) and asking that the association spend what would be a considerable amount of time and money redoing the design and construction of the building to accommodate him.

Train Maintenance Staff to Follow Fair Housing Rules

No matter how large or small the community association you manage is, you’ll need to employ at least a few staff members. While they should receive training that’s specific to their job, there’s one type of training that’s necessary for everyone: how to abide by the Fair Housing Act (FHA). It’s easy to forget that maintenance workers, who fulfill many of their job duties without coming into contact with the community’s members, will sooner or later have interactions with home or condo owners.

Court Cases Challenge HOA Developer

A pair of state senators expressed their support for residents of a Florida homeowners association at a recent town hall meeting primarily concerned with gaining control of their community.

Homeowners Ask HOA to Show Them the Money

Homeowners in an Alabama community claim they've been paying hundreds of dollars every year but have no idea where the money is going because there are no meetings, no detailed budgets, and no communication from their association. They are blaming the developer.

The head executive of the developer and his daughter sit on the board of directors, which comports with laws governing associations in that area; however, homeowners haven’t spoken with him in a decade. Meanwhile, the board collects about $60,000 in dues annually.

Use Reserve Study to Keep Contributions at Pace of Deterioration

No matter how high the quality of the homes and amenities in your community is, it’s inevitable that over time they’ll need maintenance to keep up their appearance and performance. Ultimately, some will need to be replaced—and members will be required to pay for the expense. It’s tempting to put off contributing to repairs; members, and especially those who are feeling a financial pinch, might argue that the replacement and maintenance of items that are currently in fine working order is an issue that can be dealt with in the future.

Arizona HOA Bristles at Artificial Turf

Many people are switching from real grass landscapes to artificial turf because of lower water usage and less maintenance. Residents of one Arizona homeowners association who switched to artificial turf cited the climate—specifically scorching sun and temperatures—as making it nearly impossible to grow green, healthy grass year-round; others were concerned about water bills. Homeowners at this association are required to have 50 percent of the front yard and 50 percent of the backyard covered by grass, and two trees, which can use large amounts of water.

Flag Mailbox Puts Spotlight on HOA’s Violation Notification Process

A mailbox decorated like an American flag is causing two kinds of controversy within a Florida homeowners association. The 82-year-old owner of the mailbox—a retired Navy veteran—was upset when the association sent him a letter apprising him that the mailbox violated a covenant and was allegedly reducing property values. The homeowner is gearing up for a fight with the association, which he has accused of bullying him.