Articles

How to Handle Requests for Assistance Animals

Disability discrimination claims account for more than half of all fair housing complaints, often based on disputes over requests by members and other residents with disabilities to have assistance animals.

There’s a lot of confusion over assistance animals, which can go by so many names—service animals, therapy animals, companion animals, emotional support animals—and there are different sets of rules on when, where, and what types of animals may be used by individuals with disabilities in various settings.

Articles

Avoid Accusations of Family Discrimination

For an association, its board of directors, or manager, there is never a good time for a lawsuit. If the association has been forced to sue a member due to chronic rule violations or unpaid assessments, it can lead to expensive and protracted litigation. And if the association is being sued, it faces those same problems. But in the case of a discrimination claim by a member, statutory fines and governmental involvement also pile on.

Articles

Send Notice of Upcoming Renovation

Common area renovation projects can be a nuisance to members. And while most members are usually supportive and tolerant of those projects because they realize they help to make the community a better place to live, not everyone feels that way. Frustration can crop up if members find that they have to unexpectedly put up with noise and construction, especially if it’s near their units.

Articles

Restrict Parking Spaces to Members Only

If your community includes mixed-use space, your association may be afraid that members will have to battle customers who are visiting retail stores or entertainment venues for parking spaces. But worse than that is the increased risk of crimes happening at the community if nonmembers have access to parking lots or garages. This can be commonplace if a member regularly rents out his space, creating a steady stream of strangers using that spot.

Articles

Review Association Rules to Avoid Family Discrimination Lawsuit

For an association, its board of directors, or manager, there is never a good time for a lawsuit. If the association has been forced to sue a member due to chronic rule violations or unpaid assessments, it can lead to expensive and protracted litigation. And if the association is being sued, it faces those same problems. But in the case of a discrimination claim by a member, statutory fines and governmental involvement also pile on. A discrimination lawsuit additionally carries with it the potential to damage your community’s reputation.

Articles

Set Rules to Minimize Hot Tub Risks

Despite some recent concerns over the safety of hot tubs, this amenity continues to be popular in many communities. The high temperatures that hot tub water can reach pose risks to some members, namely, pregnant women or people with high blood pressure. And hot tubs are unsafe for children both because of the heat and as drowning hazards. But that doesn’t mean that members whose health won’t be compromised by hot tubs can’t enjoy them.

Articles

Is Required Use of Less Convenient, but Accessible Elevator Discriminatory?

Q: A unit owner at the condominium building I manage hasn’t paid assessments in several months. Under our governing documents, the association may revoke her right to use amenities like the pool, sports courts, and common areas. The member typically uses an elevator that’s located in a common area to access her unit, but there are other elevators that also lead to her unit and aren’t part of a common area that she’s restricted from using.

Articles

Results Are In: CAI Initiative Reveals Key Management Information

Four new Community Associations Institute (CAI) white papers report the findings of a year-long, comprehensive review that explored the future of community associations, professional community management, public policy trends, and external influences that could impact the nation’s almost 340,000 common-interest communities.

Articles

Trial Necessary to Determine Whether Parking Easement Includes Wall

Facts: A partition wall separated from a common walkway a grouping of three parking spaces in the parking lot of a condominium building. This created an enclosed garage space separate and distinct from the other parking spaces within the common garage.

Two members who owned a unit in the building held an easement for the exclusive use of the parking spaces enclosed by the wall.

Articles

Subsequent Notices Not Required to Specify Rule Violation

Facts: Homeowners in a planned community installed a lattice attached to the top of a fence in their backyard to provide additional privacy. The association sent the homeowners a violation notice demanding that they remove the lattice. The homeowners were advised by an association representative that they were not entitled to a hearing concerning the violation. They removed the lattice and installed a privacy screen that, according to the homeowners, was built in accordance with specifications given to them by the association representative.