Community Association Governance

A community association in Delaware learned the hard way about the importance of the clear and effective transfer of rights from the developer. Because such a transfer had never occurred back when the association was formed in the 1960s, a court shot down its attempt to enforce deed restrictions more than 50 years later —…

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. The case involved a dog named Bo, who lived with a tenant in…

The California Court of Appeals recently found that an association didn’t deserve an attorneys’ fee award because it “turned tail” by unilaterally making rules changes instead of arguing against an owner’s objections to the rules in court (Artus v. Gramercy Towers Condominium Ass’n*). The case is a powerful reminder that, while state law or governing…

Many community associations today have Baby Boomer owners who are opting to stay in their homes, rather than move out to senior communities, nursing homes, or family homes. Managers and boards need to recognize and prepare for the impact this is going to have on their communities. For starters, it can be difficult in general…

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. Read on to learn the kinds of mistakes your clients need to avoid…

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

Many community associations today have Baby Boomer owners who are opting to stay in their homes, rather than move out to senior communities, nursing homes, or family homes. Managers and boards need to recognize and prepare for the impact this is going to have on their communities. Property Adjustments For starters, it can be difficult…

Are your association clients struggling to enforce against tenant violations in their communities? With residential rents skyrocketing across the country, more owners are looking to get into the rental game — and, in turn, more associations are seeing a jump in the number of tenant violations. Owners sometimes fail to think about the role of…

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

With residential rents skyrocketing across the country, more owners are looking to get into the rental game — and, in turn, more associations are seeing a jump in the number of tenant violations. Read on to learn how your clients can take steps to reduce the risk of renters breaking rules they may not even…