Articles

Could Solar Statutes Undermine Your Association’s CC&Rs?

For many homeowners who buy in a planned community, the rules and requirements in the association’s CC&Rs and bylaws keep the neighborhood clean, well maintained, and aesthetically pleasing, so worrying about a neighbor’s unsightly modifications to his home shouldn’t even be on the radar.

Articles

Take Advantage of Interior Landscaping to Clean Air

It's easy to use interior landscaping to do more than just improve the aesthetic of your community’s common areas. Interior landscaping improves indoor air quality (IAQ) and can even lower your energy costs. Plants filter air by absorbing pollutants and they produce oxygen—which is especially helpful in sealed, energy-efficient buildings that have less exchange of fresh outdoor air for stale indoor air.

Articles

Make Sure Association’s Insurance Covers Athletic Event

Summer is here and like many associations, yours might want to celebrate with and create goodwill among members. But before sponsoring an athletic event like a basketball game at your community, read your liability policy to see if athletic events are covered and speak to your insurance broker also. Why? Insurers often exclude injuries resulting from athletic events from an association’s liability coverage, which could leave the community open to liability for any injuries that occur during the game.

Articles

Community Associations Legislative Update: Push for Progress to Continue through 2015

Last year proved to be an exciting year for a push to reform and revamp many association laws and policies. And advocacy for key association issues continues going strong. The major organization behind furthering an association-favorable agenda is the Community Associations Institute (CAI), with its Federal Legislative Action Committee (FedLAC) and Government Affairs Department. The FedLAC advocated on behalf of community associations and CAI members before the U.S. Congress, federal regulatory agencies, state legislatures, and the courts.

Articles

Review Governing Documents for Compliance with Solar Statutes

For many homeowners who buy in a planned community, the rules and requirements in the association’s CC&Rs and bylaws keep the neighborhood clean, well maintained, and aesthetically pleasing, so worrying about a neighbor’s unsightly modifications to his home shouldn’t even be on the radar. And that’s one of the main draws of association life: living in a beautiful community.

Articles

Understanding Dangers of Proposed HAM Radio Legislation

Q: The association I manage prohibits the installation of HAM radio towers and antennae. I’ve read about the movement to allow members in planned communities to install this equipment despite these rules. Why—and when—could members be able to simply disregard the architectural rules and guidelines? Could this damage the association?

Articles

Condo Member Has Power to Sue Over Building’s Common Elements

As an association manager, inevitably you’ll be faced with a member’s complaint about some aspect of his unit. And if there is a difference of opinion as to whose responsibility—the member’s or association’s—it is to repair a problem, it could lead to a dispute that eventually turns litigious. A key issue in such disputes is whether the party suing the association has “standing”—that is, the power to sue.

Articles

Association-Authorized Parties Could Sue for Delinquencies

Facts: A condominium member owed nearly $8,000 in delinquencies and attorney’s fees. After he refused to pay, the association’s management company and attorney sued him on behalf of the association. A trial court ruled in favor of the association. The member appealed.

Decision: A Missouri appeals court upheld the trial court’s decision.

Articles

Snow Removal Rules in Internal Manual Didn’t Create Duty to Resident

Facts: A condominium member fell and injured herself on ice and snow on the sidewalk outside of her building. She sued the association and management company for negligence. They asked the trial court for a judgment in their favor without a trial. They prevailed, and the member appealed.

Decision: An Illinois appeals court upheld the trial court’s decision.

Articles

Carefully Consider Best Way to Disclose Books, Records to Member

Many members decide to buy into an association because much of the work that goes into typical homeownership is taken care of by the association manager and board, which can save time, effort, and money for members. Membership dues and assessments are used to keep up the community—from amenities to security measures to home improvements, like new roofs. So expect requests from time to time by members who want to know exactly where their money is going—and that it’s being used effectively and for what the association's budget states.