Facts: A member obtained association approval for an addition to his home and for substantial outdoor improvements to his property. The approval specified that an outdoor structure could not exceed 10 feet 6 inches in height. However, over the course of construction, the member concluded that he had to increase the height of the structure. He increased it by a foot and a half without first obtaining a variance from the association.

Facts: A member of a cooperative sued her association and its officers for the removal and destruction of the contents of a storage bin located in the basement of the co-op. As a cooperative housing corporation, each member or shareholder is issued a proprietary lease through which he or she pays maintenance fees to the association.

Many condo associations face an increased number of complaints from nonsmokers about their smoking neighbors and are being asked to take action. Oftentimes, associations are put in the awkward position of resolving the conflict between smoking and nonsmoking members. The emotions involved are heightened due to the fact that smokers believe that they have a right to smoke in their own homes, while nonsmokers believe that they have a right not to be exposed to harmful secondhand smoke.

Speeding drivers in your community can ruin your neighborhood's tranquility and, more importantly, threaten the safety of anyone on foot, especially playing children. According to the American Journal of Public Health, two-thirds of children who are hurt or killed in traffic accidents are struck and injured within several blocks of their homes.

Facts: Two members claimed that they did not know a homeowners association existed when they purchased their respective homes. The property deeds make no mention of the association, and the deeds contain no restrictions that require the owners to become members.

In addition, the association's governing documents state that any owner within the community “may become a member” of the association “upon submitting a letter of application and being accepted by a majority vote of the membership.”

Facts: A condo association's governing documents prohibits members from keeping pets on the premises. The association sued a member and sought a court order preventing him from keeping a pet in violation of the governing documents. During the course of the trial, the member raised numerous counterclaims, but stated that he was not requesting an accommodation under the Fair Housing Act (FHA). However, he stated that he will claim the need for an accommodation under the FHA in the event a court holds valid the restrictive covenant prohibiting pet ownership.

Results of the most recent survey of Florida's community association members show no immediate end in sight to mounting foreclosure-related financial pressures that have resulted in increasing budgetary restraints and falling property values in community associations across that state.

Meeting Federal Housing Administration (FHA) requirements is important for your condominium association because doing so dramatically increases your condominiums' marketability. An increasing number of first-time homebuyers are pursuing FHA-insured mortgages for purchasing condominium units. And for communities that meet FHA requirements and obtain approval, these potential buyers can get loans that require down payments of only 3.5 percent and qualify for loans under less burdensome terms.

A family recently sued a neighbor over his secondhand cigarette smoke, which they claimed was wafting into their condo unit and causing various health problems. The $25,000 suit was filed in July, but a New York judge recently dismissed the neighbor's motion to dismiss the case.

From time to time, community associations may need to amend their governing documents because of evolving community needs, such as an aging membership or aging buildings. Other times, they may need to do so to eliminate ambiguities in the existing documents or comply with a change in the law. Amending governing documents can be a very difficult and expensive thing to do, and there's no guarantee of success. Many communities invest a great deal of time and expense in the process only to see proposed amendments get voted down by members.