Articles

Boost Chances of Proposed Amendments Being Passed

The governing documents that initially served your association well may not work anymore to keep the community operating efficiently or make members happy to live in it. Evolving communities must deal with various issues—such as an aging membership, wear and tear on buildings and amenities, changes to the law, and the need to adapt to new technology—that can make managing and living in the community easier, to name just a few.

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Take Four Steps to Recruit Good Management Employees

Although managing a condominium building or planned community well can be rewarding, it can also be difficult to do without the help of qualified and dedicated employees. Effective association management requires a varied skill set: customer service for members, financial savvy, organization, and building good relationships with outside professionals like vendors and contractors, among other talents.

Articles

HUD Agreement Sides with Minority Condo Residents

A recent U.S. Department of Housing and Urban Development (HUD) agreement with a Florida condominium association highlights the ongoing issues of discrimination in housing. The agreement settled allegations that the association’s board president harassed and made discriminatory comments about black and Hispanic residents—even attempting to evict them.

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Purple Playground Leaves Family, HOA Members Seeing Red

A Missouri homeowners association has escalated the controversy surrounding the requested removal of a purple playground from a family’s backyard. It is now threatening to pursue jail time for the members, who installed the playground—which is visible only to their next-door neighbors—for their children.

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Realtor Addresses Selective Enforcement of HOA Rules

An Arizona realtor and homeowners association advocate who has sold properties in planned communities is responding to a growing consensus among members that they are afraid to live in their homes because of what they feel is a constant threat of being fined or sued for even minor infractions of community rules. The realtor has seen many harmonious communities, but there also has been an uptick in complaints of selective enforcement or rules and near-constant controversy in others—sometimes rising to the level of harassment.

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Association Didn’t Have Immunity from Sidewalk Accidents

Facts: A homeowners association was responsible for the maintenance of the community’s common areas, including sidewalks. A snowstorm with freezing rain led to the accumulation of ice on the sidewalks and streets within the community. A landscape contractor salted the roadways, but the association didn’t request that the common sidewalks and walkways also be cleared after that particular storm. A homeowner slipped on ice on one of the sidewalks.

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Disability Discrimination Claim Barred by Statute of Limitations

Facts: A condominium member sued his homeowners association and its property management company for claims arising from water damage to his property. The member’s disabled brother also lived in the unit. The member alleged that the association’s failure to make repairs amounted to disability discrimination in violation of fair housing law, and negligence. The association and the management company asked a magistrate to dismiss the lawsuit.

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Association Solely Responsible for Repairing Floor Slab

Facts: Condominium unit members observed excessive moisture in their unit, which was causing damage to the unit and its contents. They reported the problem to the association. Over the course of several years, various experts were brought in to assess the problem. Ultimately, it was determined that a moisture barrier over the concrete floor slab would solve the problem. The association didn’t provide a barrier; it claimed that the members were responsible for the repair.

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Contain Legal Costs Before They Spiral Out of Control

No matter how well you and the board of directors keep your community operating, you still run the risk of defending the association from a lawsuit, even if it’s a frivolous one brought by a disgruntled member. And legal issues can present themselves in scenarios involving compliance with laws and regulations—including fair housing and claims under the Americans with Disabilities Act—too. At the very least, you’ll want to have an attorney review board policies and governing documents when necessary.

Articles

Encourage Employees to Report Sexual Harassment

Unfortunately, sexual harassment can happen in any workplace, including among members of your staff. In addition to wanting to make sure that your employees feel comfortable and not threatened at work, you also need to be concerned about sexual harassment because an employer can be held responsible if one of its supervising employees violates federal or state laws that prohibit sexual harassment—even if the employer was unaware of the violation.