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Association living has many perks, and it seems that around every corner there is a new development with condos, townhouses, or freestanding homes. But after the excitement of a new planned community or condominium building dies down, and you and your property management company have been hired to manage the association, members could begin to find construction defects. Because construction defect claims can be complex, time consuming, and expensive, they are one of the most difficult issues that you’ll face.

Q: The president of the board of directors for the association I manage complained that the board was threatening to exclude her from sessions because she had talked about confidential information to nonboard members and had stated that she would continue to do so. She asked me whether it was permissible for the board to do that. I’ve never encountered this problem in my association management career so far. Could the board ban a board member from attending meetings because of what it regards as inappropriate behavior?

Community Associations Institute (CAI) recommends education and training for the 2.35 million volunteer community association board and committee members nationwide.

Facts: A condominium owner sued the property manager of the building’s association, alleging violations of the Fair Housing Act (FHA) because the manager had attempted to enforce rules regarding the owner’s emotional support dog. Despite the association’s rule that no unit owner may appropriate the common elements for her own use, the owner had installed an underground invisible fence within the common elements of the condominium to dispense with the need to walk or constrain her emotional support dog while it was outside her home.

Age-restricted communities have become a real force in the housing market, providing a great alternative for elderly people who want to stay active and remain in their homes rather than move into nursing homes or assisted living facilities as past generations often did. But they’ve also presented challenges for their associations—members who are “aging in place” at such communities are more likely to develop medical problems or issues that are an inevitable part of getting older.

Q: An elevator repair person injured himself while working on one of the elevators in the common area of the condo building I manage. He’s threatening to sue our board of managers, as well as the company that previously owned the building before it was recorded as a condominium, and 200 individual unit owners. What are some factors that could determine which defendant is held liable for the accident?

A recent HOA ruling is putting voters on a level playing field. A San Diego Superior Court ruling has put things in perspective for a California community association, ruling in favor of the association by confirming that the board’s bylaws and covenants, conditions, restrictions, and reservations must be followed for current and future HOA elections.

Age-restricted communities have become a real force in the housing market, providing a great alternative for elderly people who want to stay active and remain in their homes rather than move into nursing homes or assisted living facilities as past generations often did. But they’ve also presented challenges for their associations—members who are “aging in place” at such communities are more likely to develop medical problems or issues that are an inevitable part of getting older.

Q: A resident in one of the units in the condominium building I manage denies that she caused damage to the hallway outside of her unit. A family member of the resident is the actual owner of the unit, but she has been permitted by the association to live there. Under the governing documents, the unit’s owner is obligated to pay for this type of damage. I sent the owner several letters notifying him that he must pay for repairs.

A secret settlement between an Orange County homeowner and an association that insisted on traditional lawns in her community has disappointed Sunshine State HOA members who want a legal precedent they can follow. So-called Florida Friendly landscaping, which uses less irrigation and fertilizer than traditional green lawns, has been at the center of legal fights—despite a 2009 state law crafted to protect Floridan aquifer, river, and lake waters from overuse and pollution. The law has been called “weak” by association experts and attorneys.