Legal Compliance for Community Associations

A community association in Delaware learned the hard way about the importance of the clear and effective transfer of rights from the developer. Because such a transfer had never occurred back when the association was formed in the 1960s, a court shot down its attempt to enforce deed restrictions more than 50 years later —…

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. The case involved a dog named Bo, who lived with a tenant in…

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. Read on to learn the kinds of mistakes your clients need to avoid…

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

In the latest — and presumably final — round of a worrisome case we earlier covered, the Illinois Supreme Court has reversed the state court of appeals and ruled in the manager’s favor (Channon v. Westward Mgmt., Inc.). The appellate court’s ruling had left managers in the state vulnerable to costly class actions brought by…

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

A Pennsylvania court shot down an association’s attempt to prohibit lifetime registered sex offenders from living in its community. It made clear that associations can’t impose their own restrictions because the state already regulates where sex offenders can and can’t live (Lake Naomi Club, Inc. v. Rosado). In 2016, in response to resident concerns, the…

A Pennsylvania court shot down an association’s attempt to prohibit lifetime registered sex offenders from living in its community. It made clear that associations can’t impose their own restrictions because the state already regulates where sex offenders can and can’t live (Lake Naomi Club, Inc. v. Rosado). The desire to keep sex offenders out of…

Managers usually have a lot of experience with owner requests for reasonable accommodations, but you might be less certain about how to proceed when one of your own employees seeks an accommodation. In the first part of this two-part article, we explained the basics of an employer’s duty to provide employees with reasonable accommodations and…

The popularity of home fire pits has surged over the past few years, but they come with risks. Here’s what you need to know to help your clients keep a lid on potential injury and property damage. The spreading of a fire from a pit to other areas isn’t the only concern associations should have…