Community Association Rules

The short-term rental phenomenon spurred by Airbnb, VRBO, and the like has turned out to be more than a fad. Rather, it’s an ongoing problem for some community associations, particularly those in popular areas for tourists. Read on to learn how some boards of directors and managers are addressing it. A Sampling of Strategies As…

Your clients no doubt know that they may need to reasonably accommodate various protected classes, but it may not occur to them that their efforts to empower one group could result in discrimination claims from another. A New Jersey condo association learned this lesson the hard way. The association has a large Orthodox Jewish population.…

A New Jersey condo association with a community pool thought it was bending over backward to accommodate its religious owners with the pool schedule. But its efforts to work with one protected class ended up inadvertently discriminating against another. Read on to learn how the association landed in court. Pool Rules Make a Splash The…

You’ve probably seen it before — an owner adds some type of restrictive endorsement in the memo portion of a check in hopes of pulling a fast one. This week’s article explains how a condo association in Ohio has now spent years in court as a result of such an endorsement. The case provides some…

Attorney Daniel Miske, of Milwaukee, Wis., firm Husch Blackwell LLP, calls them “professional debtors” — the kind of people who try to evade their financial obligations by, for example, getting cute with the endorsements on their payment checks. An owner in Ohio dragged a condo association through years of litigation because of such an endorsement.…

Cumulative voting for board elections isn’t common, but community associations that do use it should take the time to evaluate whether it’s the right path to continue to follow. On its face, it might seem fairly democratic. In reality, it can give place too much power in some voters’ hands — including voters who don’t…

Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. This week we explain why, under a federal regulation issued by the Department of Housing and Urban Development (HUD), that approach could backfire big time. Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of…

This week we take a look at a recent court case that provides a warning of how architectural review slipups might land an association in court. The Architectural Review Committee (ARC) has a lot of power in a community association, which can lead to disputes with owners. Fortunately, there are steps you can take to…

The Architectural Review Committee (ARC) has a lot of power in a community association, which can lead to disputes with owners. One such recent case provides a warning of how architectural review slipups might land an association in court. Fortunately, you can take some steps to reduce the odds of this. Good Fences Make Mad…

We tell you about the how one condo owner tormented her neighbors, the condo association board, and the association’s management company — and how they finally found relief. Dealing with disruptive residents ranks high on the list of thorny problems community associations — and their management companies — can run into. You’ve probably had your…