Legal Compliance for Community Associations

A Maryland court found that the interested director transaction rule called into question the propriety of the board’s decision regarding an assessment to cover the costs of landscaping in a mixed community. Such issues could become more common going forward. “We’re seeing a trend toward more mixed communities,” says Ursula Burgess, a shareholder in the…

A Maryland court found that the interested director transaction rule called into question the propriety of the board’s decision regarding an assessment to cover the costs of landscaping in a mixed community (Cherington Condominiums v. Kenney). Such issues could become more common going forward. “We’re seeing a trend toward more mixed communities,” says Ursula Burgess,…

A new bill has been proposed in the U.S. House of Representatives that would make it easier for condo associations to obtain financing to make critical repairs and replacements. The “Rapid Financing for Critical Condo Repairs Act of 2022” (H.R. 8304) follows the introduction earlier this year of the Securing Access to Finance Exterior Repairs…

A new bill has been proposed in the U.S. House of Representatives that would make it easier for condo associations to obtain financing to make critical repairs and replacements. The “Rapid Financing for Critical Condo Repairs Act of 2022” (H.R. 8304) follows the introduction earlier this year of the Securing Access to Finance Exterior Repairs…

Times change, but often community association rules don’t. If your rules get out of date, they could become a ticking time bomb representing unnecessary risk that could blow up at any moment into a costly lawsuit or dispute. “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel,…

As interest in renewable energy grows, the proper approach to owners’ desire to install solar panels is still unsettled in many community associations. “It’s not something to put your head in the sand about,” says Harmony Taylor, a community association attorney with the North Carolina firm Black Slaughter Black, PA. In one recent case with…

Times change, but often association rules don’t. Here’s why and how your clients should conduct regular reviews of their rules. The Need for Review “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel, founding partner of Garfinkel Law, a full-service community association law firm in Florida. Regular…

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

Community associations may find their hands tied when pursuing unpaid fines and fees due to a controversial new state law. Under the new law, which was enacted earlier this year, Colorado now prohibits community associations from seeking foreclosures against owners based solely on unpaid fines. Even if you’re not in Colorado, take note because our…