Legal Compliance for Community Associations

When the severity of the coronavirus became apparent this past spring, many community associations responded by shutting down their common area recreational facilities, whether required by governmental order or not. As time has passed and governmental restrictions have been rolled back, they’ve had to figure out how to proceed with their facilities. Making facilities available…

As stay-at-home orders have lifted or at least eased, community associations have faced difficult questions about how to reopen the recreational facilities they shuttered after the coronavirus (COVID-19) hit. And they could find themselves in the same position later this year or next if the expected second wave of the virus materializes. Making facilities available…

When the spread of the coronavirus (COVID-19) began to speed up in the spring, the U.S. Department of Housing and Urban Development (HUD) issued a statement highlighting the potential for COVID-19-related violations of the Fair Housing Act (FHA). As your clients continue to develop and tweak policies to address the continuing pandemic, as well as…

As the number of smokers falls, it seems the number of people irritated by smokers climbs — which can lead to problems in community associations. Things can get especially tricky when the irritated owner claims a disability. One such owner sued her association and its manager, alleging that their refusal to ban smoking amounted to…

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…

Owners renting their units can lead to all sorts of complications for a community, but, just when you think you’ve got your arms around the potential issues, another one can pop up. The manager and board of directors for a condominium association in New York City, for example, probably never considered the possibility that an…