Community Association Rules

Homeowners with an affinity for animals often pose problems for community associations and their managers. But it’s one thing when you’re dealing with domesticated pets — it’s another when the owners want to interact with area wildlife. As the president of a Florida gated golf community recently told the Panama City News Herald, “[i]f someone…

Proximity to wildlife is a draw for some community associations, with owners treasuring the opportunity to live close to nature. But that nearness can lead to destruction and the risk of bodily harm. As the president of a Florida gated golf community recently told the Panama City News Herald, “[i]f someone was to get hurt…

The idea of DNA testing to get to the bottom, so to speak, of dog droppings left around a community struck many as absurd when it first came on the scene. The practice remains far from widespread, but more associations’ boards are giving it a second look as they and their managers struggle to cope…

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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This week, we dig into a landmark case out of Michigan. The state Court of Appeals ruled that a condo association could hold a unit owner liable for the previous owner’s bylaw violations, even though the association had let them go unabated for at least two years. The case is full of good news for…

A bylaw violation is a bylaw violation — and it doesn’t matter who created it. That’s the essential point made by the Michigan Court of Appeals in a recent case involving unauthorized alterations to a unit’s entrance door. The court ruled that an owner is responsible for violations even if they were committed by a…

This week, we tell you about a landmark ruling out of Missouri that dramatically expands the ability of associations to add restrictions by amendment. It frees associations there — and potentially elsewhere — from a rule that has handcuffed them for 80 years. The new case involves a subdivision that was established in 1923, with…

The Missouri Supreme Court has rejected its long-standing rule requiring unanimous consent among owners to amend restrictions. The decision, which the attorney who represented the subdivision in the case described as a “sea change,” could have a ripple effect across other states when it comes to restrictions affecting a variety of hot topics in associations.…

As the holidays approach, some community association boards and their managers will soon find themselves dealing with owners who draw the ire of their neighbors by going overboard. Before drafting or trying to enforce decoration and lighting restrictions, or any restrictions, you and your boards should confirm that they have the authority to do so.…

A lot of people have a love-hate relationship with Airbnb and other short-term rental arrangements — and the same is true for community associations. Some want to bar the rentals entirely, while others want to allow them but struggle with regulation. This week’s article outlines the different approaches popping up across the country. As in…