Departments

Facts: A homeowner in an association renovated his three-level unit in order to use the first level, a garage area, as living space. The garage had a “man door,” an entryway that allows access without opening the garage door. The renovation was permitted by the City of San Diego. The association sued the owner, challenging the renovation. A trial court ruled in favor of the association. It ordered the owner to undo the changes. The owner complied with the court’s order, and the city performed a final inspection and issued a certificate of occupancy.

Q: During the summer months, more of our members use the outdoor amenities in the community, such as the pool and basketball courts. We’ve had to crack down on some of the behavior that we’ve seen in these areas, but because the nature of some of the behavior isn’t that serious, I’m tempted to let it go if it seems harmless. What types of risks does the association run if it fails to enforce rules consistently?

In an economy where many associations are still struggling to overcome challenges like vacancies and foreclosures, it’s as important as ever for associations to avoid depleting their reserves and, as a result, making trade-offs about what bills to pay and what services to forgo. That’s where on-time payment of assessments becomes very important. Your community association can face a serious financial crisis if even a small percentage of members don’t pay their assessments on time.

Facts: A homeowners association’s board of directors sought to amend the bylaws. The amendment initially failed, and the board announced that it would continue holding elections until the amendment passed. In the association’s newsletter, the board told members to vote for the amendment.

Facts: A homeowner bought a property in a subdivision specifically because it had a mountain view. Several years later, the owner notified the association’s architectural review board (ARB) that certain cottonwood trees on her neighbor’s property were obstructing her view. She requested that theassociation remedy the situation either through extensive pruning or removal of the trees.

Colorado legislation passed this year will tighten standards for homeowners associations in the Centennial State. The legislation, which affects debt collections and manager licensing, was prompted by scandals and horror stories from associations over the past few years, including embezzlement.

Make sure that your community swimming pools are ready for action this summer by checking their safety, insurance coverage, and legal compliance. Many associations don’t conduct legal checkups, which is risky considering the number of lawsuits and regulations that exist. A big part of a checkup should be conducting an insurance inspection. Your association should inspect the pool area with a representative from the association’s insurer, if one is available and willing to visit.

By signing Senate Bill 1454 into law, Arizona Gov. Jan Brewer has pulled community associations into the fray of campaign finance legislation that critics have said is “sweeping.” They say that the pressure to pass the bill increased in the final hours of the legislative session, as it became a catchall for some stalled measures in the Arizona Senate and House. The new law will go into effect Sept. 13, 2013.

If a member builds a fence, patio, or any other structure that encroaches on a common area—even just a little—quickly assert your legal rights to have it removed. If you don’t and enough time passes, that portion of the common area could become the member’s property.

Inevitably, for one reason or another, a community association board member will give up her position. When this happens, the association has the sometimes difficult task of replacing the outgoing member. There are certain qualities that some people have that make them more suitable for the role than others. Experience, of course, helps too. After all, the more a new board member knows, the more she’ll be able to contribute to the association in a meaningful way. You may be asked to help the board determine who the best replacement for an outgoing board member is.