Departments

Facts: Two association homeowners tried to sell their home to an organization that planned to use it as housing for three disabled adults. The association tried to block the sale of the house, citing a restrictive covenant in the governing documents, which specified that homes in the community must be used as “single family” residences.

You may think that if something needs to be done in the community you manage, you have some leeway in how to tell members. After all, if repairs are truly necessary, does it matter how this is announced? The answer is yes. You should follow the declaration precisely in this situation, in order to preserve the board's authority.

Although members on an association’s board of directors are volunteers, their roles in the operation of the community are important. Mistakes by board members can lead to liability for the association. But sometimes, especially if they are roped into serving on the board, members don’t understand the functions of their positions and the best way to carry out their responsibilities.

Q: Our community allows pets, as long as they’re 25 pounds or less. A resident requests a reasonable accommodation to keep his large dog as an assistance animal and submits documentation to show that he has a disability and that the dog provides emotional support to alleviate the symptoms of his disability. Although his dog is larger than allowed under our pet policy, could we face a discrimination claim if we deny his request to keep it?

Although members on an association’s board of directors are volunteers, their roles in the operation of the community are important. Mistakes by board members can lead to liability for the association. But sometimes, especially if they are roped into serving on the board, members don’t understand the functions of their positions and the best way to carry out their responsibilities.

Q: The board of the association I manage has been conducting meetings that aren’t very effective and are unnecessarily long. The president has served on the board for several years and has become frustrated with the situation. How can I help her to streamline meetings and get control over the board members who drag out the agenda?

Facts: Fifty-five units in a Missouri condominium complex went into foreclosure. Delinquent assessments and fines were due on all of the units. A corporation bought the units. It paid the assessments and fees that had accrued after the foreclosure and its purchase, but not before. The association later claimed that it had an assessment lien on all 55 units, because of the pre-purchase outstanding amounts.

Facts: A condominium building’s board of directors voted to install a chairlift in one of the two stairwells to make the building more handicap accessible. A unit owner objected to the installation and voiced her concerns to the board. However, it applied for a building permit from the city’s building commissioner and hired a company to install the chairlift.

Whether you manage a planned community or a condominium building, issues with the board can take up your time and create frustration among owners who just want things to run smoothly. One of those issues could be assembling a board to begin with. In some scenarios, owners may be clamoring to serve on the board. That’s good news: It indicates that members of the community are invested in and want to be involved in the successful operation of the association.

Q: The homeowners association I manage is in a dispute with our prior law firm regarding the payment of legal fees. We haven’t been able to come to a settlement and are currently scheduled to go to trial later this year. If we win, can we recover attorneys’ fees and costs for such a dispute?