Community Association Rules

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents (Kalway v. Calabria Ranch HOA, LLC). And the impact of the ruling could be felt beyond Arizona’s borders. “This decision really calls into question the ability of HOAs in Arizona to…

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. Solar…

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow”…

We’ve covered several cases over the past couple of years where state courts found that an association’s residential use restriction prohibited short-term rentals. But now the South Dakota Supreme Court has held otherwise. That court concluded that the definition of the term “residential purpose” includes short-term rentals. “This is a different interpretation than I’ve seen…

We’ve covered several cases over the past couple of years where state courts found that an association’s residential use restriction prohibited short-term rentals. But now the South Dakota Supreme Court has held otherwise. That court concluded that the definition of the term “residential purpose” includes short-term rentals (Wilson v. Maynard). “This is a different interpretation…

The state of Maryland recently passed a new law after an HOA’s demand for the removal of basketball hoops raised questions of racial discrimination. The Maryland law generally prohibits condo associations and HOAs from imposing “unreasonable limitations” on the location and use of portable basketball hoops on an owner’s property. A state legislator initiated the…

The state of Maryland recently passed a new law after an HOA’s demand for the removal of basketball hoops raised questions of racial discrimination. The episode provides a strong reminder to associations, boards, and managers that seemingly innocuous rules, new or existing, could lead to unwanted publicity and litigation stemming from allegations of discrimination. The…

The Michigan Court of Appeals has ruled that regular weekly rentals violated an HOA’s residential use restriction, in a case we first covered in 2020 (Cherry Home Ass’n v. Baker). The decision is a potentially promising development in the ongoing battle against short-term rentals. Owners’ Arguments Shot Down — Twice The case involved a community…

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…

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…