Legal Compliance for Community Associations

Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. This week we explain why, under a federal regulation issued by the Department of Housing and Urban Development (HUD), that approach could backfire big time. Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of…

Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. Under a federal regulation issued by the Department of Housing and Urban Development (HUD), though, that approach could backfire. Association Liability for Owner-on-Owner Harassment Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of California…

The ready availability of automated external defibrillators (AEDs) significantly improves the odds that the victims of sudden cardiac arrest will survive, so it might seem like a no-brainer for community associations — especially those with aging populations — to install the devices. This week, we dig into why it’s important to understand some of the…

A recent survey conducted by the Foundation for Community Association Research found almost half of the community association respondents didn’t have policies and procedures in place to safely collect and store homeowners’ personal data. This week, we’ll explore why that’s a problem. It’s true that associations often operate on the more low-tech side of things,…

A recent survey conducted by the Foundation for Community Association Research found that almost half of the community association respondents didn’t have policies and procedures in place to safely collect and store homeowners’ personal data. That’s a problem. It’s true that associations often operate on the more low-tech side of things, but that doesn’t mean…

This week we take a look at a recent court case that provides a warning of how architectural review slipups might land an association in court. The Architectural Review Committee (ARC) has a lot of power in a community association, which can lead to disputes with owners. Fortunately, there are steps you can take to…

This week we fill you in the U.S. Department of Labor’s latest proposed rules for overtime pay. Proposed rules introduced during Obama administration created quite an uproar among employers — not surprisingly, considered that they were expected to make more than 4 million salaried workers newly eligible for overtime. A federal district court judge halted…

The rules for overtime pay are again under the microscope. Proposed rules introduced during Obama administration created quite an uproar among employers — not surprisingly, considered that they were expected to make more than 4 million salaried workers newly eligible for overtime. A federal district court judge halted those rules days before they were due…

Sometimes owners strike out on their own and file lawsuits they think their associations should be filing—but does that mean the association has to reimburse them for their legal costs? The guiding principle regarding action, or lack thereof, is clear in most community associations: The majority rules. Sometimes, though, fired-up owners who disagree with the…

Legal problems for associations have evolved along with technology that while helpful, can also hurt board members and managers. With the help of technology, you might be able to conduct business more efficiently, but you also need to understand that a lawsuit will potentially require handing over electronically stored information (ESI)—such as email, documents, voice messages, and digital images.