Legal Compliance for Community Associations

A California Court of Appeal has left some associations and their lawyers reeling from its broad interpretation of a state law that exempts current owners from new rules blocking short-term rentals. “This is an expansion of what I think a lot of us expected Section 4740 to mean,” says Kelly Richardson, a partner in the…

When multiple associations share amenities or common areas through a master association, frictions can arise. Master associations come in different flavors, but Kevin Hirzel, managing member of Hirzel Law, PLC, a Michigan-based firm that works with numerous community associations, says he usually sees them when multiple “sub-associations” in the same geographic vicinity share certain common…

State laws lay out very specific requirements for how associations must respond to document inspection requests from their members. The requirements don’t only vary by state; they also can vary by type of association (for example, condo or homeowner). Managers and boards need to be well versed in the applicable mandates. Among other things, the…

The federal Housing for Older Persons Act (HOPA) exempts 55-and-older communities from the prohibition against familial status discrimination in housing. But some of these associations fail to comply with the law’s strict, and ongoing, legal requirements, leaving them vulnerable to discrimination claims. As an example, to qualify for the exemption from familial discrimination liability, a…

The Colorado Court of Appeals has blocked a local ordinance that required a condo association’s units to stay in the short-term rental pool, limited the owner’s personal use during “high season,” and imposed fines for violations (Town of Vail v. Village Inn Plaza – Phase V Condominium Association). While the case focused a specific local…

The Illinois Court of Appeals recently ruled that a condo association must provide only those accommodations that reduce the effects of a disability so that a requesting resident isn’t disadvantaged because of the disability. This standard proved too high of a hurdle in a recent discrimination lawsuit brought by a particularly litigious owner in a…

The June 2021 collapse of the Champlain Towers South condominium complex in Surfside, Fla., made headlines around the world — and thrust many issues that plague condo and other community associations into the spotlight. The catastrophe, its causes, and its effects already are the subject of intense study, evaluation, and discussion.

“I think the collapse going to have an impact for a long time,” says Ken Bertolucci, president of NS Management in Skokie, Ill.

If a “bright side” can be found, it’s that many associations and boards across the country have had a wake-up call and now are more open than ever to some of the basic — but sometimes costly — practices they should have been implementing all along.

“This tragedy has now become the trigger for all the things we’ve been harping on for years but that have fallen on deaf ears,” says Paul Grucza, director of education and client development at the Seattle-based management company CWD Group, Inc. “It took this to make associations stop, re-think, and adjust.”

In this special report, we explore five issues that your clients may have a new, or renewed, interest in and identify some of the particular areas where they may need to take immediate action to protect themselves and others. We also provide best practices to help them get on track.

Fearful boards are looking to their managers for their expertise and insights in the wake of Surfside. We hope this report helps you beat their expectations.

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A California Court of Appeal has left some associations and their lawyers reeling from its broad interpretation of a state law that exempts current owners from new rules blocking short-term rentals (Brown v. Montage at Mission Hills). “This is an expansion of what I think a lot of us expected Section 4740 to mean,” says…

When multiple associations share amenities or common areas through a master association, frictions can arise. Our experts have some ideas for preempting those through effective negotiation. How It Happens Master associations come in different flavors, but Kevin Hirzel, managing member of Hirzel Law, PLC, a Michigan-based firm that works with numerous community associations, says he…

Handling document inspection requests from owners can be a hassle for community association managers, but it can go much more smoothly if you follow some simple rules. Read on to learn how to improve the process for all involved. Do Know the Statutory Dos and Don’ts State laws lay out very specific requirements for how…