Member Allowed to Keep Her Dog
Facts: A condominium association asked a court to declare that a member was in violation of the condominium's governing documents and community rules for having a dog. The house rule, made by the board, states, “Positively no pets are allowed in the building for any reason.”
Recent Legislative Trends: States Create Ombudsmen and Raise Manager Licensing Requirements
In recent years, it seems as though the number of disgruntled members has risen. These members might complain of lack of transparency or failures by association boards to follow basic governance principles, such as: adopting an annual budget with notice to the members, holding fair elections for the board of directors, providing key financial information about the association, and fairly imposing association fines. Oftentimes, these complaints are resolved in court or directed to the offices of the states' attorney generals.
Member’s Drunken Behavior Admissible in Negligence Case
Facts: A condominium development consists of two sections. In 2000, the association decided to replace the wooden enclosure fences in the first section with vinyl fencing. Upon learning that the association intended to replace the fences in only the first section, a member in the second section contacted the management office and requested that her fence be replaced as well.
Association Not Liable for Racial Discrimination
Facts: A member sued the association and the management company for racial discrimination. She claimed that the association failed to take action on complaints she filed against neighbors from 2003 to 2007. These were mainly complaints against neighbors for having a home-based welding business and for unsightly conditions, structures, and objects, even though she was cited for having a religious cross displayed on her property.
Comment Period Ends on FHFA Proposal
On Oct. 15, 2010, the public comment period closed on the Federal Housing Finance Agency's (FHFA's) proposal to ban private transfer fees. If adopted, as many as 11 million homeowners could find it difficult to sell their homes if the federal government moves forward with plans to ban so-called private transfer fees, according to the Community Associations Institute (CAI).
Association May Be Liable for Member’s Slip-and-Fall Injury
Facts: When a member arrived home after being gone for two days, he slipped on a puddle of water that had accumulated on his kitchen floor and he broke his wrist. The puddle of water had come from his sink, which had overflowed due to a sludge blockage in the building's drainage line. There is no dispute that maintenance of the drainage line was the responsibility of the condominium association.
Association May Be Liable for Disability Discrimination
Facts: A member with a hearing disability sued an association for allegedly failing to provide reasonable accommodations that would allow her to communicate effectively during meetings. The member requires some form of accommodation to participate in certain community events.
Set Playground Rules to Minimize Risk of Injuries and Lawsuits
A playground is a great amenity that may increase property values in your community. Members with small children appreciate the role an outdoor playground plays in children's growth. Playgrounds promote an active, healthy lifestyle and provide a complex social network for kids to learn relationship-building skills. However, a playground can also be a hazard, especially if children are unsupervised or if the equipment is not properly used or maintained. If injuries occur, your association could end up getting sued.
Association Not Liable for Contractor’s Full Invoice Amount
Facts: A member operates a landscaping company. The association distributed a request for estimates for lawn care services on the community's common areas for the following spring, summer, and fall seasons. In response, the member submitted an estimate of $5,180. Although the member and the association never executed a formal written contract, the member performed certain lawn care services for the association.
Association Not Liable for Member’s Drowning
Facts: A 73-year-old member died while swimming in a circular pattern at the community's indoor pool, which ranged in depth from three to five feet. At the midpoint of the pool, she began to struggle and went completely underwater and drowned. The incident was documented on the association's surveillance camera footage.