Although your community association's governing documents almost certainly provide for the possibility of special assessments—an extra one-time payment owners must make for a specific purpose, such as roof repairs—owners tend to forget about this and often are surprised, and upset, when their monthly payment isn't the same. Owners who haven't put aside funds to pay for their share of an improvement to the community could get into financial trouble if they have to pay more than they've budgeted for their monthly payments.

Q Must an association grant a parking request as a reasonable accommodation when the member hasn't paid his condo fees?

A No, according to a New Jersey court, which ruled in a recent case that the member's parking accommodation request was not reasonable.

In last month's feature, “Take Action When Member Shirks Maintenance Obligations,” we gave you two model letters to use at the first sign of a member's violation of maintenance rules. But sometimes polite and firm follow-up letters and even fines or other penalties authorized by your governing documents don't spur a member to resolve the problem.

Fair housing claims often stem from adverse actions taken against members for violating community policies or rules. In some cases, it's a claim of “disparate treatment—that is, that the rules are being selectively enforced because of a member's race or other characteristic protected under the Fair Housing Act (FHA). Less commonly, it's a claim of “disparate impact,” where seemingly neutral rules have a disproportionate effect on racial minorities or other protected groups. In some cases, both claims are raised.

Facts: An owner in a private residential community complained to the homeowners association that it was failing to enforce the terms of the declaration of covenants as to certain homeowners. The owner alleged that several other owners made changes, modifications, or improvements to their homes without first seeking the association's approval. Under the declaration, changes must be approved first by the association. The owner asked the association to enforce the terms of the declaration, but it refused.

When you hire independent contractors to perform work at your community, you risk being sued if any of the contractors' workers are injured on the job. Any good community association manager will want to ensure that work is being done correctly, on time, and without risks to the community or its members. So, it's good to keep a keen eye on contractors' employees as they work on projects for which you've hired them.

The most unique house in Salt Lake Valley, Utah, is creating controversy among neighbors in a quiet Herriman planned community. Many of the community's owners said they were attracted to the area by the “muted” paint tones of the homes there. The yellow, orange, green, and lavender color palette of the controversial house—inspired by the Disney-Pixar cartoon movie “Up—has drawn national attention for its retro design and bright siding.

In a new proposal, Marin County, Calif., health officials are circulating an ordinance cracking down on smoking in multi-unit apartment and condominium complexes. The antismoking law, due for review by county supervisors in December, is almost identical to the ordinance adopted earlier this year by Larkspur, Calif. That city's ordinance bars residents from lighting up in most condominium and apartment units. County officials have said that the smoking crackdown is necessary to “preserve healthy communities.”

Smoking not only poses dangers such as fire and health risks to a community, it also annoys nonsmoking members and their guests, resulting in more complaints that you have to address. Cigarettes or cigars that haven't been completely extinguished can spark flames. And secondhand tobacco smoke—Environmental Tobacco Smoke or ETS—has been classified by the Environmental Protection Agency (EPA) as a “Group A” carcinogen, a known cause of cancer.

Faced with a growing number of complaints from Colorado homeowners about American flags, access to financial documents, and the right to speak up at meetings, the Colorado Legislative Action Committee of the Community Associations Institute (CAI) is asking the state to investigate the need to license community association managers.