Community Association Rules
Violations, Enforcement, Use Restrictions
Fence Variation Lawsuit Is a Question of Authority
A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC). The fence…
Court OKs ‘After-the-Fact’ Fence Variance
A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC) (Mullor v.…
The Need for HOA Anti-Harassment Policies is Up for Debate
Our sister publication, HOAleader.com, recently reported that one of its readers was informed by a potential directors and officers liability insurer that their association would need to have an anti-harassment policy to obtain coverage. The reader stated, “We didn’t want to be involved in the policing-how-neighbors-treat-each-other business, but we have to, it turns out.” Is…
Do Your Association Clients Need Anti-Harassment Policies?
Our sister publication, HOAleader.com, recently reported that one of its readers was informed by a potential directors and officers liability insurer that their association would need to have an anti-harassment policy to obtain coverage. The reader stated, “We didn’t want to be involved in the policing-how-neighbors-treat-each-other business, but we have to, it turns out.” Is…
The Great Pickleball Debate: What You and Your Association Clients Need to Know
As pickleball gains popularity as a pastime across the country, some community associations are mulling converting tennis courts or other amenities to pickleball courts. “I’m just blown away by the drive to have it available. It’s the sport du jour right now,” says Paul Grucza, principal with PBG and Associates, consultants for the association management…
Community Associations Debate Pickleball
As pickleball gains popularity as a pastime across the country, some community associations are mulling converting tennis courts or other amenities to pickleball courts. If your clients are among them, read on to learn what you can expect and how you can help guide them to a satisfactory outcome. The Passion for Pickleball USA Pickleball,…
Enforcement Overexuberance: Help Your Association Clients Avoid Blowback
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. This enforcement overexuberance has many implications for community associations. In July 2022, the Washington Post reported that a Texas couple put their house…
The Risks of Enforcement Overexuberance at Your Community Association
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…
Are Your Community Association Rules a Ticking Time Bomb?
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,…
Court Invalidates Association’s Solar Panel Ban
As interest in renewable energy grows, the proper approach to owners’ desire to install solar panels is still unsettled in many community associations. “It’s not something to put your head in the sand about,” says Harmony Taylor, a community association attorney with the North Carolina firm Black Slaughter Black, PA. In one recent case with…