Risk Management

Few community association board members ever want to get involved in neighbor-to-neighbor disputes — but, under a U.S. Department of Housing and Urban Development (HUD) rule, sticking their heads in the sand could result in association liability for harassment under the Fair Housing Act (FHA). “The HUD regulations were adopted in October 2016,” says Brendan…

Several years ago, the U.S. Department of Housing and Urban Development (HUD) issued a final rule that makes community associations potentially liable under the Fair Housing Act (FHA) for harassment committed by third parties based on a protected characteristic — including neighbor-to-neighbor harassment. “The HUD regulations were adopted in October 2016,” says Brendan Bunn, a…

When the severity of the coronavirus became apparent this past spring, many community associations responded by shutting down their common area recreational facilities, whether required by governmental order or not. As time has passed and governmental restrictions have been rolled back, they’ve had to figure out how to proceed with their facilities. Making facilities available…

As stay-at-home orders have lifted or at least eased, community associations have faced difficult questions about how to reopen the recreational facilities they shuttered after the coronavirus (COVID-19) hit. And they could find themselves in the same position later this year or next if the expected second wave of the virus materializes. Making facilities available…

When owners volunteer for their associations’ boards of directors, they probably don’t expect that their responsibilities will include dealing with mental health issues, but they can and increasingly do — for example, when an owner appears to be a hoarder. While your clients may prefer not to get involved in such situations, that would be…

Hoarding is more than just fodder for reality TV fans. The American Psychiatric Association (APA) has formally recognized it as a disorder that affects an estimated 2 to 6 percent of the population. According to the APA, sufferers excessively save items that others may view as worthless, leading to clutter that disrupts their ability to…

Owners renting their units can lead to all sorts of complications for a community, but, just when you think you’ve got your arms around the potential issues, another one can pop up. The manager and board of directors for a condominium association in New York City, for example, probably never considered the possibility that an…

Requests for assistance animals continue to dog many associations. How can they balance their obligations to owners with disabilities with the interests of their neighbors? The process is riddled with potential pitfalls. The U.S. Department of Housing and Urban Development (HUD) recently released new guidance that can help your clients understand the kind of inquiries…

There’s nothing like a public health crisis created by highly contagious virus to get people riled up. And when people live in close communities, they may be especially vulnerable — to both illness and alarm. The calls about the coronavirus started coming earlier and earlier, says Sandra Gottlieb, a founding partner of California homeowner association…

The calls related to the coronavirus started coming earlier and earlier, says Sandra Gottlieb, a founding partner of California homeowner association law firm SwedelsonGottlieb. “As the death counts climbed in the United States, people were panicking. It was ratcheting up every single day, and I heard the terror.” In the midst of a public health…