Articles

What Associations Should Know About Medical Marijuana

By Carol Johnson Perkins, Esq.

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. This fall, Florida voters will decide whether to amend the state’s constitution to allow for comprehensive medical marijuana legislation.

Articles

Dispute Over Sunroom Addition Leads to Discrimination Claim

Facts: A couple and their five children, including two minors who were physically and mentally disabled, lived in a home located in a residential subdivision. The community’s covenants, conditions, and restrictions prohibited homeowners from building above-ground structures or improvements without approval of the HOA’s Architectural Review Committee.

Articles

Association Can’t Enforce Breed Restriction Against Emotional Support Animal—Despite County Ordinance

Facts: A Florida homeowner sued his community association for violating the federal Fair Housing Act (FHA) by refusing his request to keep an emotional support animal as a reasonable accommodation to the community’s “no-pet” policy.

Articles

Manager Accused of Embezzling $500K from R.I. HOA

Rhode Island State Police recently arrested the former manager of a Newport HOA for allegedly embezzling $527,934 from the association.

The State Police Financial Crimes Unit launched the investigation after receiving a complaint from the board of directors at the community, a time-share development in Newport, R.I. As a result of the investigation, an arrest warrant was issued against the association’s former general manager, who was accused of issuing 34 unauthorized checks for his own benefit totaling $527,934 over a five-year period.

Articles

Developers Sued for Accessibility Defects at Pennsylvania Community

The builders, owner, and designers of a newly built 92-unit condominium community in Bethlehem Township, Pa., were recently sued for alleged failure to include accessibility features as required by the Fair Housing Act (FHA).

Articles

HOA Pays $10K to Settle Parking Dispute

An administrative judge in Maryland recently ruled that the board of directors of a Maryland HOA violated state fair housing law by denying a resident’s request for a reserved parking space as a reasonable accommodation for her disability, according to the Maryland Civil Rights Commission.

Articles

Are There Too Many Clubs in the Clubhouse?

The bigger the community association, the more likely members will form social clubs–for reasons ranging from recreation to promoting philanthropic goals. While social clubs can enhance the quality of life for your members, they can also pose serious risks for you and the association.

Articles

Storm Season Prep: Review Proper Use of Backup Generators

In anticipation of hurricanes or winter storms, your association may have obtained, or asked the board to consider investing in, a backup generator for the building. If you manage a residential community, owners may approach you about whether they may buy an individual generator for their own home, or if they already own a generator, they may ask you about guidelines for using it.

Articles

How to Build Bonds Among Members, Board, and Management

When it comes to daily life in an association—whether it’s a condominium building or a community of standalone homes or townhomes—there will always be some members who love association life and some members who realize too late that they don’t enjoy being bound by community rules. Community management expert Paul D. Grucza has over 33 years of experience turning the love-hate relationship between associations and their members into a more harmonious union by building a bond among owners, boards, and management staff.

Articles

Distinguish Between Social Club, Association to Minimize Liability

For some members, part of the appeal of living in a planned community is the feeling that they are part of something bigger than themselves and having the opportunity to interact with other members. That’s why it should come as no surprise that the larger the community association, the more social clubs there are likely to be. A group of members can form a club for any number of reasons, from recreation to promoting philanthropic goals. These clubs can create a sense of community and greatly add to the quality of life of your members.