Facts: In response to observations of water damage to a condominium building's balconies, an association hired consultants to inspect the building's waterproofing systems as well as the decks and balconies.

When their son was deployed to Iraq, members installed a flagpole outside their home to fly the American flag. Both federal and Colorado law guarantee residents the right to display the American flag, but allow restrictions on the method and size. Federal law says nothing about flagpoles, while state law allows homeowners associations to regulate…

If your community is considered housing for older persons or senior housing, it is entitled to an important exemption under the Fair Housing Act (FHA) that allows your community to discriminate against families with children.

Facts: After a member purchased a terrace-level condominium, he discovered drainage problems on his terrace that eventually caused mold and water damage to his condominium. The terrace-level condominiums in the community are surrounded on three sides by a wrap-around balcony. The initial damage from faulty drainage was further exacerbated by two hurricanes. The member sued the association, and the association asked the court to dismiss the lawsuit because the member's complaint technically failed to state a claim.

Many record inspection requests by members are legitimate and take relatively little office time. Unfortunately, sometimes requests may be driven by unfounded suspicions, with the intent to harass the board or manager. Also, these requests may be attempts to gather confidential information to which members are not entitled so that they may sue the association or other members. Therefore, to protect the interests of the association, it is important for board members to know which requests to grant and which to deny.

Facts: A “right of subrogation” allows an insurer to choose to take action to recover the amount of a claim paid to a covered insured if the loss was caused by a third party.

The Federal National Mortgage Association, or Fannie Mae, has taken steps to make the cost of purchasing or refinancing a condo more expensive, unless the purchaser makes a sizable down payment.

With many lenders already wary of condo loans because of their default rate, Fannie Mae has added a fee of .75 percent of the loan amount of a 30-year fixed mortgage, for borrowers who put down 25 percent of the purchase price or less, effective April 1, 2009.

Facts: For years, a Florida condo association received complaints regarding its assessment structure. Equally sized condominiums in the community were required to pay differing assessment amounts. As a result, in 2004, the association decided that all similarly situated members are to be assessed equally for common expenses.

Facts: When a member bought her home, it was next to a basin that was in good condition, free of debris and algae, and full of fish. Over time, as other homes were constructed in the community, the basin filled with debris, and the fish died. The member was unable to enjoy her property because of the smell and swarms of mosquitoes. The member eventually sued the association for negligence, nuisance, and breach of contract.

Facts: A board president sued his association and other board members who voted in favor of a passed budget to have the budget invalidated. The other board members asked the trial court to dismiss the president's complaint without a trial, and the trial court granted the request. The president then appealed.

Ruling: The appeals court upheld the lower court's decision.