Community Association Governance

As the effects of climate change become harder to ignore, more community associations are ready to move past debating the pros and cons of converting to sustainable landscaping and finally start the ball rolling. There’s no one-size-fits-all solution for every association. Multiple factors come into play, including geographic location and the owners’ appetite for change.…

In the first part of this two-part article, we explained how associations ready to convert to sustainable landscaping can determine the degree of change their communities can stomach, as well as some of the initial issues to consider once that determination is made. In this second part, we’ll look at some of the ways that…

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. Solar…

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow”…

If you and your clients have become hesitant to deny any request for an accommodation, a federal district court has just sent a message that denials made after a thoughtful and careful process may get more support than you’d have expected. Brenda and David Norman had lived in their home in Rancho del Lago at least six…

Another election season is upon us, and that means political signs and flags are starting to pop up. Such displays can lead to some thorny situations for community associations. Read on to learn some of the risks associated with rules regarding political signs and flags — and how your clients can help protect themselves from…

The Washington Supreme Court has ruled that an HOA’s governing documents grant the board broad discretion in setting assessments. The court also ruled that the board’s decision on assessments was entitled to substantial deference — but not because of the business judgment rule (Surowiecki v. Hat Island Community Ass’n). “This is a major win for…

Many associations are taking a second look at their insurance coverage these days. That makes this a prime time to remind them that omitting potential legal claims or other so-called “material” information can come back to bite them. A California HOA learned this lesson the hard way association when a court found it concealed important…

As the effects of climate change become harder to ignore, more community associations are ready to move past debating the pros and cons of converting to sustainable landscaping and finally start the ball rolling. There’s no one-size-fits-all solution for every association. Multiple factors come into play, including geographic location and the owners’ appetite for change.…

We’ve covered several cases over the past couple of years where state courts found that an association’s residential use restriction prohibited short-term rentals. But now the South Dakota Supreme Court has held otherwise. That court concluded that the definition of the term “residential purpose” includes short-term rentals. “This is a different interpretation than I’ve seen…