Governing Documents

A Kentucky couple claimed that they shouldn’t have to pay assessments on their two lots because, as a result of erosion, one had “ceased to exist as a recognizable land mass.” The state court of appeals disagreed (Thompson v. Lake Cumberland Resort Cmty. Ass’n*). William and Theresa Thompson own two lots in the Lake Cumberland…

A Kentucky couple claimed that they shouldn’t have to pay assessments on their two lots because, as a result of erosion, one had “ceased to exist as a recognizable land mass.” The state court of appeals disagreed (Thompson v. Lake Cumberland Resort Cmty. Ass’n*). The Lay of the Land William and Theresa Thompson own two…

The reserve study company Association Reserves Inc. has launched a new score intended to distill the overall health and efficiency of a community association into a single number. The so-called FiPHO — which stands for financial, physical, and operational — health score ranges from 1 to 100. “This new system is a direct result of…

The reserve study company Association Reserves Inc. has launched a new score intended to distill the overall health of a community association into a single number. The so-called FiPHO — which stands for financial, physical, and operational — health score ranges from 1 to 100. “This new system is a direct result of the Surfside…

Associations are making headlines across the country — and not in a good way. Stories about the overly aggressive pursuit of fines, fees, and foreclosures are going viral on a regular basis. “You want responsible patrolling to maintain property values,” says Alan Garfinkel, founding partner of Garfinkel Law, a full-service community association law firm in…

Times change, but often community association rules don’t. If your rules get out of date, they could become a ticking time bomb representing unnecessary risk that could blow up at any moment into a costly lawsuit or dispute. “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel,…

Times change, but often association rules don’t. Here’s why and how your clients should conduct regular reviews of their rules. The Need for Review “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel, founding partner of Garfinkel Law, a full-service community association law firm in Florida. Regular…

When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…

When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh*). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…

More than 60 percent of American states have legalized some form of marijuana since 1996, and the legislatures in many of the holdouts have recently considered doing so. Those states with legal marijuana have seen it rapidly commoditized, with new businesses such as delivery services cropping up and becoming a part of homeowners’ daily lives.

Not surprisingly, the proliferation of pot has begun to have repercussions for community association managers, both as property managers and employers. Whether you live in a state where marijuana is fully legal, partially legal, or on the cusp of some degree of legalization, you need to know what that means on the ground.

This Special Report takes an in-depth look at some of the most pressing marijuana-related issues for community association managers and their clients and provides expert guidance on how to mitigate the associated risks.

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