Board Waited Too Long to Reject Owner’s Fence
Facts: A homeowner asked her HOA for permission to build a fence for her German shepherd puppy. Under its restrictive covenants, the HOA was required to answer an application for architectural changes within 30 days of submission. The HOA rejected her application.
COA Can Change Use of Common Property with Majority Vote
Facts: A condominium owner who enjoyed playing tennis purchased a unit in 1986 that had a tennis court for the common use of all unit owners. Over the years, the tennis court fell into disrepair. In 2013, the condominium’s owners’ association (COA) proposed removing the tennis court and converting it to a different common use.
Snow Removal Contractor Not Liable in Slip and Fall
Facts: On Jan. 17, 2010, a pedestrian, while walking his dog, slipped and fell on patch of black ice in the roadway owned by the condominium homeowners association (COA). The COA had contracted out snow removal for the roadways and walkways to a landscape company for the 2009 and 2010 winter season. If a weather event met certain conditions, the contractor would automatically perform the snow removal. Otherwise, the COA would call the contractor for any additional services. The contractor last plowed the roadway on Jan. 2 and 4. At that time, sand and salt were applied.
FHA Under Pressure to Give Condo Market Extra Boost
In recent years, as more people have moved away from rural and suburban communities and into cities, demand for condos has surged. In most major metropolitan areas, prices for condos are increasing faster than single-family home prices, according to real estate website Trulia, and condo sales are gaining market share at the expense of other types of home sales.
Medical Marijuana: Clear the Air Regarding HOA Members’ Use
Across the country, momentum has been building to legalize marijuana—at least for medical use. Though marijuana is still illegal under federal law, more than 20 states have adopted comprehensive medical marijuana laws—and more may soon follow.
Make Sure Rooftop Cell Tower Contract Is Airtight
By Andrea Brescia
Cell transmittal towers are popping up all over the country to serve the 91 percent of American adults who now own mobile phones. If your community is in a location where customers have reported a lot of dropped calls, a cell carrier could be interested in leasing the rooftop of your condominium or other community building. Service providers that are eager to place towers in strategically needed, high-traffic areas can be a good source of income for associations with available rooftops.
Association, Manager May Have Violated FHA by Denying Lease Extension
Facts: Since Feb. 1, 2008, the owners of a townhouse, with the approval of the condominium association, rented their unit to a couple with one child. The association had a rule that “[n]o townhouse shall at any time be permanently occupied by more than four (4) persons.” In August 2013, the couple gave birth to twins. In November 2013, the couple asked the owners for a 12-month lease extension. The association rejected the request.
Proposed S.F. Law Would Require Solar Panels on Rooftops
The San Francisco Board of Supervisors is considering a proposal that would require all new residential and commercial buildings in the city to have solar panels or gardens on their roofs. And owners of existing buildings would be offered increased incentives to install solar panels on their rooftops where feasible.