Legal Compliance for Community Associations

Governing documents typically give community associations the right to foreclose on delinquent owners at some point. That right, however, doesn’t necessarily entitle an association to sell foreclosed property at whatever price it wants. A recent court case (Winrose Homeowners’ Ass’n v. Hale) drives this point home. A state Supreme Court found that the sale price…

There’s a new threat — or opportunity, depending on your perspective — to community associations, and it seems most associations aren’t ready for it. Accessory dwelling units (ADUs) are being pushed by advocates for affordable housing, the elderly, the environment, and, perhaps most critically, legislators. Are your clients ready? “It’s the wave of the future,”…

In the January 2020 issue of Community Management Association Insider, we talked to two property management professionals with decades of experience about how the numerous codes of conduct for association managers play out in the real world. They provided valuable insights on why ethics are so important in management and explored the first “bucket” of…

More than 60 percent of American states have legalized some form of marijuana since 1996, and the legislatures in many of the holdouts have recently considered doing so. Those states with legal marijuana have seen it rapidly commoditized, with new businesses such as delivery services cropping up and becoming a part of homeowners’ daily lives.

Not surprisingly, the proliferation of pot has begun to have repercussions for community association managers, both as property managers and employers. Whether you live in a state where marijuana is fully legal, partially legal, or on the cusp of some degree of legalization, you need to know what that means on the ground.

This Special Report takes an in-depth look at some of the most pressing marijuana-related issues for community association managers and their clients and provides expert guidance on how to mitigate the associated risks.

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You’re not alone if you have hard time getting your clients to remember that community associations are businesses — and businesses need document retention plans. Yet many associations take an ad hoc approach (at best) to managing their paperwork. “This can become a problem because community associations are required to keep a great deal more…

A property management company in Chicago recently faced a class action lawsuit on behalf of community association members who were disgruntled about the fees charged for disclosure documents when selling their units. (Horist v. Sudler & Co.) The Seventh Circuit Court of Appeals shut down the lawsuit, providing managers some important protection. But, warns Blake…

California recently enacted new requirements for HOA board of director elections that took effect at the beginning of the year. The far-reaching changes makes some dramatic changes to the way most associations have traditionally handled elections. "Now that it has taken effect,” says Kelly Richardson, a principal with Richardson Ober DeNichilo PC, a California law…

On Jan. 1, 2020, Senate Bill 323, an extensive overhaul of the requirements for board of director elections in homeowner associations (HOAs) took effect in California. The new requirements may make it costlier and more complicated to hold elections. "Now that it has taken effect,” says Kelly Richardson, a principal with Richardson Ober DeNichilo PC,…

Gun rights can trigger emotional responses on both sides of the issue, and the debate is becoming more common among community associations, as they aim to protect themselves. But even when a community is largely in agreement about the need to restrict firearm possession on the property, it might not have the power to do…

With gun violence making headlines almost daily in some parts of the country, responses among communities vary widely. “There are some associations where they’re open to owners having firearms for self-protection, but others don’t feel the same way and are more concerned about firearms in the community,” says Michael Kim of Michael C. Kim &…