Risk Management

From profane name-calling to fistfights, we’re hearing from experts that the behavior at community association meetings has been on the decline. Owners’ anger and anxiety are spilling over, and they’re directing their vitriol at board members, fellow owners, and managers. “The ability to contain oneself and act appropriately in a public forum seems to be…

This week, we dig into a landmark case out of Michigan. The state Court of Appeals ruled that a condo association could hold a unit owner liable for the previous owner’s bylaw violations, even though the association had let them go unabated for at least two years. The case is full of good news for…

A bylaw violation is a bylaw violation — and it doesn’t matter who created it. That’s the essential point made by the Michigan Court of Appeals in a recent case involving unauthorized alterations to a unit’s entrance door. The court ruled that an owner is responsible for violations even if they were committed by a…

This week, we tell you about a landmark ruling out of Missouri that dramatically expands the ability of associations to add restrictions by amendment. It frees associations there — and potentially elsewhere — from a rule that has handcuffed them for 80 years. The new case involves a subdivision that was established in 1923, with…

The Missouri Supreme Court has rejected its long-standing rule requiring unanimous consent among owners to amend restrictions. The decision, which the attorney who represented the subdivision in the case described as a “sea change,” could have a ripple effect across other states when it comes to restrictions affecting a variety of hot topics in associations.…

It’s not unusual for a community association board to develop rules and regulations for holiday decorations — but do they have that authority? You might be surprised. This week, we discuss a case where the Virginia Supreme Court struck down an HOA’s decorations guidelines because the declarations didn’t give the board authority to impose such…

As the holidays approach, some community association boards and their managers will soon find themselves dealing with owners who draw the ire of their neighbors by going overboard. Before drafting or trying to enforce decoration and lighting restrictions, or any restrictions, you and your boards should confirm that they have the authority to do so.…

This week, we lay out the new rule regarding who qualifies for overtime pay and who doesn’t. The U.S. Department of Labor released the final rule this past September, and it’s poised to take effect on January 1, 2020. With the possibility that currently exempt employees won’t continue to qualify for their exemptions under the…

After a years-long effort to update the federal rules regarding overtime compensation, the U.S. Department of Labor (DOL) has issued its final rule. The rule, which changes the eligibility standards for so-called white-collar workers, is scheduled to take effect on Jan. 1, 2020, so you need to act promptly to ensure your compliance and reduce…

This week, we look at new California legislation that explicitly bars community associations from restricting owners’ displays of religious items on their entry doors and frames, easing tensions for boards that have been put between a rock (observing religious freedoms) and a hard place (complying with governing documents). Several other states have already seen the…