Age-restricted communities have become a real force in the housing market, providing a great alternative for elderly people who want to stay active and remain in their homes rather than move into nursing homes or assisted living facilities as past generations often did. But they’ve also presented challenges for their associations—members who are “aging in place” at such communities are more likely to develop medical problems or issues that are an inevitable part of getting older.

Q: An elevator repair person injured himself while working on one of the elevators in the common area of the condo building I manage. He’s threatening to sue our board of managers, as well as the company that previously owned the building before it was recorded as a condominium, and 200 individual unit owners. What are some factors that could determine which defendant is held liable for the accident?

A recent HOA ruling is putting voters on a level playing field. A San Diego Superior Court ruling has put things in perspective for a California community association, ruling in favor of the association by confirming that the board’s bylaws and covenants, conditions, restrictions, and reservations must be followed for current and future HOA elections.

Age-restricted communities have become a real force in the housing market, providing a great alternative for elderly people who want to stay active and remain in their homes rather than move into nursing homes or assisted living facilities as past generations often did. But they’ve also presented challenges for their associations—members who are “aging in place” at such communities are more likely to develop medical problems or issues that are an inevitable part of getting older.

A recent tragic accident at a Florida theme park has raised questions about the use of warning signs in communities where alligators are a known threat. The state’s gated communities often have golf courses, lakes, and ponds that attract alligators. Florida is one of many states that face dangerous wild animals as threats to residents, as other areas around the country are home to poisonous snakes, among other wildlife. Since the widely reported alligator attack, associations, including yours, might be asking whether they should post warning signs about dangerous animals.

Q: A resident in one of the units in the condominium building I manage denies that she caused damage to the hallway outside of her unit. A family member of the resident is the actual owner of the unit, but she has been permitted by the association to live there. Under the governing documents, the unit’s owner is obligated to pay for this type of damage. I sent the owner several letters notifying him that he must pay for repairs.

A secret settlement between an Orange County homeowner and an association that insisted on traditional lawns in her community has disappointed Sunshine State HOA members who want a legal precedent they can follow. So-called Florida Friendly landscaping, which uses less irrigation and fertilizer than traditional green lawns, has been at the center of legal fights—despite a 2009 state law crafted to protect Floridan aquifer, river, and lake waters from overuse and pollution. The law has been called “weak” by association experts and attorneys.

Unfortunately, community associations—regardless of how well they are run—can fall prey to embezzlement or purposeful misuse of funds or resources. Association managers and board members should be aware of common ways that fraud is perpetrated and how to prevent—or in the worst case scenario, deal with—this white-collar crime, which has the potential to happen on two levels: the management company or the board.

If you’ve noticed that your management staff employees’ productivity has gone down while their online activity unrelated to work has gone up, it’s probably related. And you need to get the problem under control as soon as possible. Take a two-step approach by first holding a meeting with staff members explaining what you’ve noticed and that you feel there is a connection between personal online activities and decreased productivity.

It’s not uncommon for a member who hasn’t paid assessments or other fees to claim that he's withholding funds because of a perceived problem. But the good news for associations is that the obligation to pay assessments isn’t absolved because of alleged bad behavior by the association or management company. In a recent Washington case, a trial court ruled—and an appeals court agreed—that allegedly fraudulent condo sales didn't excuse assessment nonpayment.