Community Association Governance

Disputes over smoking — whether tobacco or marijuana — aren’t limited to community associations that prohibit smoking. Even associations that permit smoking can have disgruntled owners who complain about the practice. One such owner sued her association and its manager, alleging that their refusal to ban smoking amounted to unlawful discrimination. “It’s a good example…

The coronavirus crisis has thrown business as usual out the window. As your clients struggle to cope with the many effects, from operational to economic, they may be wondering about the enforceability of some of their vendor contracts in light of this unprecedented event. Depending on the circumstances, it possible that contractual obligations might indeed…

When the coronavirus forced many of the usual community association activities to shut down this past spring, some of your clients may not have needed all of the services they’d already contracted for — or their vendors might not have been able to perform due to government orders or staff shortages. In such circumstances, it’s…

Every community association is its own animal, and that may be especially true for associations built along the water or in areas with special attractions. But, if you look past the superficialities, their disputes often have lessons for more “mundane” associations. That was the case with a Michigan dispute over dock rights. If they’re not…

A lakefront homeowners association recently found itself in hot water when it tried to implement a reorganization of owners’ docks. The implications of the case, though, aren’t limited to associations on the water. “Lakefront property owners and associations that manage lakefront property are very litigious,” concedes Dan Artaev, senior attorney at Fausone Bohn, LLP, in…

Not every state permits e-voting in community associations, and, even in those that do, many associations were slow to embrace it. But some communities are taking a second look, recognizing the numerous advantages. Your clients that are considering adopting the practice also need to consider the potential downsides, as well as what’s involved in implementing…

Many associations struggle to achieve the necessary quorums for electing board members, updating governing documents, and other critical actions — particularly in communities where absentee owners are common. That’s just one reason that more associations are considering a shift to electronic voting (where permitted by state law). Here’s what you need to know if your…

While electric vehicles aren’t seeing a surge in popularity in every part of the country, many community associations are fielding more requests for charging stations than ever. They probably can expect that number to rise over time. “According to Bloomberg New Energy Finance, 54 percent of all new car sales will be electric by 2040,”…

The cororonavirus crisis has shaken the foundations of the economy, and savvy community association boards are already thinking about the implications for their financial footing going forward. In particular, many boards can expect to deal with owners struggling to pay their assessments. While compassion certainly is warranted, boards may find their hands more tied than…

As the federal and state governments took unprecedented measures this spring to confront the coronavirus pandemic, the economy largely collapsed. The dramatic surge in job losses that resulted has led many community association boards of directors to rightly worry about the impact on their financial footing. The fallout is likely to continue for months, if…