Departments
Assessing Liability Issues Raised by Neighborhood Watch Program
Q: As a member of my community association, I’d like to organize a neighborhood watch program to help prevent crime in the community. I’m concerned that the association might be held liable if something goes wrong as a result. Is a neighborhood watch program a good idea?
A: With the Trayvon Martin murder case underway in a Sanford, Fla., circuit court, the controversy surrounding so-called neighborhood watch programs in planned communities continues.
Tailor Recordkeeping to State Law, Association’s Specific Needs
You know that organization is one of the keys to association management success, especially if you’re in charge of a larger community or one with many members. If you did an annual spring cleaning this year, you might also have realized that you need to cut down on clutter in your office, which might include boxes of association records—which can get sizable if they include accounting records, membership lists, meeting minutes, and other important papers—that the association has accumulated over the years. So, what should an association do with old records?
CAI Steps Up Disaster Relief Fairness Campaign
The Community Associations Institute (CAI) continues to fight for Federal Emergency Management Agency (FEMA) disaster relief equality. Since the beginning of the year, CAI, the organization that provides information and education to community associations and the professionals who support them, has stepped up its efforts to secure access to federal disaster relief funds for community associations across the U.S.
“Hearsay” Not Enough to Invalidate Roof Bylaw
Facts: After an association denied two owners’ request to install a new asphalt roof on their home using materials not authorized by the “2006 Roof Specifications” portion of the bylaws of the association, the owners sued the association and 16 individual homeowners in the community. A trial court dismissed the claims against the individual homeowners. The association asked the court for a judgment in its favor without a trial, which was granted.
Members’ Agreement to Pay Dues “Implied in Fact”
Facts: An association sued two of its members to collect outstanding assessment dues and charges required from property owners in the community to maintain the neighborhood, pay for a private police force, and pay management fees. The members hadn’t paid dues for nearly four years.
Use Bylaw to Extinguish Cigarette Complaints
Smoking not only poses dangers such as fire and health risks to a community, it also annoys nonsmoking members and their guests, resulting in more complaints that you have to address. But if a board decides to go ahead and impose a smoking ban, is simply enacting a new community rule enough?
Choose Annual Meeting Location Carefully
If your association doesn’t have a dedicated space for meetings, you should find and reserve a space at least three months in advance. It’s important to find an appropriate meeting room—rooms that are too large or small, hot, cold, or noisy can affect participation. Appoint someone to make all the necessary arrangements, such as accumulating and testing the necessary equipment—for example, the lectern, microphone, overhead projector, or computer Internet connections and display.
Lone Star HOA Legislation Offends “Texas Values”
Several bills being considered by the Texas Legislature this session are posing the question of whether the rights of one individual homeowner should trump the rights of all owners in an HOA. The bills would affect the powers and duties of Texas homeowners associations—some having to do with merely cosmetic issues, such as prohibiting associations from banning flags in front yards, and some substantial, such as giving HOAs more powers of accelerated foreclosure.
Owners’ Statement About Board President’s Ethics Not Defamatory
Facts: Two homeowners submitted a bid to buy a foreclosed residential property in their planned community. The president and managing broker of the association also submitted a bid to the same bank to purchase the property on behalf of his clients, a couple who didn’t live in the community. The bank accepted the owners’ bid.
State Court Was Proper Venue for Fair Housing Lawsuit
Facts: Homeowners purchased a property in a planned community and moved into it several months later. The community association’s declaration contained certain terms, rules, and restrictions to which all owners were subject. The owners requested, and were denied permission, to make several changes to their property. The owners ultimately made some unauthorized changes on their own. The association sued in Delaware state court for enforcement of certain restrictions contained in the Declaration of Covenants, Conditions and Restrictions for the association.