Curfews for Children
Q There have been problems with children spray painting and otherwise vandalizing buildings at night in the community that I manage. To stop the graffiti and vandalism, I'd like to propose a curfew and prohibit children under the age of 16 from being outside after 10 p.m., unless accompanied by an adult. Is this legal?
Association Can’t Compel Member to Arbitrate Her Fraud Claim
Facts: A member sued her homeowners association and the association's management company for fraud, unfair business practices, and intentional infliction of emotional distress. The member alleged that the association manager had secretly diverted her assessment payments, recorded a false assessment lien claiming the member failed to pay approximately $4,300 in assessments, and made false entries in the association's books that no assessment payments from the member had been received.
Association May Be Liable for Guest’s Slip-and-Fall
Facts: A guest sued a condo association for injuries sustained in the association's parking lot. The accident occurred while she was attempting to help a physically disabled friend stand up from the ground after he allegedly slipped due to the presence of ice. As the guest was assisting her friend to his feet, he allegedly slipped on the ice again and fell on top of her, causing injuries.
Board Members Serving as Committee Chairs
Q Is it true that the vice president of the executive board often chairs the architectural review committee? Could you provide any pros and cons of having a board member serve as a committee chair?
Condo Association and Member Sued Over No-Kid Rental Ad
![kid_hand.jpg](https://www.communityassociationinsider.com/wp-content/uploads/2012/08/kid_hand.jpg)
Members at a Florida condominium community violated federal housing law by refusing to rent units to tenants with children, according to a lawsuit filed by Fair Housing Center of the Greater Palm Beaches.
The nonprofit group sued the association, the former president of the association, and a member. The member had placed an ad on craigslist offering her two-bedroom unit for rent. “Sorry no kids,” the ad read.
Post Required Federal Signs for Association Employees
![signs_1.jpg](https://www.communityassociationinsider.com/wp-content/uploads/2012/08/signs_1.jpg)
Federal laws require employers including community associations and management companies to post signs explaining legal information to their employees. Failure to post the signs can cost as much as $10,000 per violation. Fortunately, compliance is easy. The signs are available free of charge from the government agencies that oversee the sign-posting laws.
Insurer Required to Cover Members’ Fire-Damaged Homes
Facts: A fire that started in one condominium unit spread to adjoining units, causing substantial fire and smoke damage. The insurer made payments to the association that covered damages to certain structural elements of the building, but did not cover individual members' damage to the interior of their units. Both parties argued over the extent of property coverage required by the association's governing documents. A trial court ruled in favor of the members, and the insurer appealed.
Improve Member Safety, Reduce Costs with Proper Outdoor Lighting
![exterior_light.jpg](https://www.communityassociationinsider.com/wp-content/uploads/2012/08/exterior_light.jpg)
In the past, communities have tackled the need for better outdoor lighting by installing high-intensity discharge (HID) lighting sources that essentially blast the grounds with light. Unfortunately, high-intensity lighting typically casts hard shadows, produces an unnatural look, and distorts color, while adding significantly to the monthly electric bill.
Rising Foreclosures May Lead to Increased Mosquito Hazards
![mosquito.jpg](https://www.communityassociationinsider.com/wp-content/uploads/2012/08/mosquito.jpg)
The National Pest Management Association is warning that abandoned homes can become breeding grounds for mosquitoes in the summer months. The NPMA says the increasing numbers of foreclosures in the last 12 months has heightened the potential for mosquito infestations, especially in and around foreclosed homes with backyard pools.
Members Must Comply with Association’s Setback Requirements
Facts: When a couple decided to construct an addition to their home, they met with a member of the association's architectural review committee. The committee member told them that the adjustments that they wanted to make were not in compliance with the rear setback provision established in the governing documents.