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Facts: A unit owner slipped and fell on a driveway leading to his condominium complex. He sued the association, seeking damages for injuries he suffered. The driveway, also known as the “east access road,” is located on property owned by a third party. The association has an easement for ingress and egress—that is, the right to use the driveway to come and go—in common with the third party. The third party asked a New York court for a judgment in its favor without a trial.

Facts: The association and its management company were responsible under the association’s governing documents for maintaining the common areas of a condominium building. But the management company failed to waterproof areas of the building, leading to water intrusion and deterioration. The board of directors spent reserve funds for purposes other than the repair, restoration, replacement, or maintenance of the common areas.

Community Associations Institute (CAI) recently presented the 2015 Hero of Associations award to Rep. Steve Israel (D-NY) for his tireless efforts in helping constituents living in condominiums, cooperatives, and community associations become eligible for federal disaster relief. Israel began working on disaster relief fairness to help constituents affected by Superstorm Sandy in 2012.

The day-to-day focus of the association manager, members, and the board might center on their roles in keeping the community running smoothly—abiding by the governing documents, quickly dealing with problems that pop up, and making decisions that affect the community, respectively.

Before taking drastic steps to shut down a daycare in the community or condominium building you manage, check whether the business actually is allowed in the governing documents. An Illinois association learned the hard way that if the covenants permit a certain type of business to operate, it can’t be shut down.

Q: Internet access is a must-have for most people in the community I manage, and there have been complaints because our association requires members to arrange for and pay for Internet access in their own units. The association wants to provide wireless connectivity (Wi-Fi) to the entire community. Can we pay for it by adding the cost to the monthly assessment?

Association living requires a collaborative effort to ensure safety, uniform aesthetics, shared common amenities and activities, and maintenance that make the community a desirable place to call home. The day-to-day focus of homeowners, the community association manager, and the board might center on their roles in keeping the community running smoothly—abiding by the governing documents, quickly dealing with problems that pop up, and making decisions that affect the community, respectively.

Facts: A homeowners association used funds from a special assessment to complete roadwork in a subdivision of the planned community. Each homeowner was asked to pay $7,500. One of the homeowners paid his portion on time but later sued the association, seeking to recoup that amount and alleging that, among several other illegal activities, the association had engaged in fraud by requiring payment of the assessment. A trial court ruled in favor of the association. The homeowner appealed.

Facts: The owner of two townhouse units performed renovations that were not permissible under the association’s governing documents. The association charged the owner several thousand dollars in penalties and fines. When the owner didn’t pay, the association imposed a lien on the properties. The owner sued the association, alleging, among several other claims, that it had negligently placed an improper lien.

The association asked for a judgment in its favor without a trial. A trial court ruled in favor of the association. The owner appealed.

While control over uniformity and aesthetics plays a large role in the attraction to homeownership in a planned community, from time to time, a member will ask for a variance from the architectural and design rules.