Tag: Nuisance

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” Extreme circumstances call for extreme…

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. “I’ve seen disputes with atypical pets, but it’s usually when there’s…

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire.A Pig in a Poke“I’ve seen disputes with atypical pets, but it’s…

When a resident requests a reasonable accommodation, boards of directors often focus solely on the reasonableness of the specific accommodation. But, if an accommodation isn’t necessary, a board doesn’t even need to consider reasonableness. A recent disability discrimination case in Ohio provides a useful example of how that can play out in an association’s favor.…

When a resident requests a reasonable accommodation, boards of directors often focus solely on the reasonableness of the specific accommodation. But, if an accommodation isn’t necessary, a board doesn’t even need to consider reasonableness. A recent disability discrimination case in Ohio provides a useful example of how that can play out in an association’s favor…

Regardless of where you’re located, or how long you’ve been in the business, the same types of problems tend to crop up over and over, don’t they?

It’s not the big emergencies that make you pull your hair out, but the everyday hassles that start to grate when you get lots of people living together in the same community. Things like pet issues. And smoking. And the other chronic niggling nuisances that, over time, become a real pain in the neck.

Which is why we’ve pulled together this Special Report specifically about managing these sorts of challenges.

Download now »

More than 60 percent of American states have legalized some form of marijuana since 1996, and the legislatures in many of the holdouts have recently considered doing so. Those states with legal marijuana have seen it rapidly commoditized, with new businesses such as delivery services cropping up and becoming a part of homeowners’ daily lives.

Not surprisingly, the proliferation of pot has begun to have repercussions for community association managers, both as property managers and employers. Whether you live in a state where marijuana is fully legal, partially legal, or on the cusp of some degree of legalization, you need to know what that means on the ground.

This Special Report takes an in-depth look at some of the most pressing marijuana-related issues for community association managers and their clients and provides expert guidance on how to mitigate the associated risks.

Download now »

The 2018 midterm elections saw three more states join the ranks of those allowing recreational or medical marijuana use, pushing the total number of states to more than 30. As legalization has spread, so, too, have owner complaints about their neighbors’ smoking — and the pressure on boards to use the nuisance provision in response.…

As more states legalize marijuana for recreational or medical use, more owners are voicing complaints about their neighbors’ weed smoking. Some associations are turning to the nuisance provisions in their governing documents in an attempt to prohibit or limit in-unit smoking, but that may not be the best option. The Nuisance Argument Second-hand smoke particularly…

Community associations often prefer, understandably, to take a hands-off approach to disputes between owners. This week we explain why, under a federal regulation issued by the Department of Housing and Urban Development (HUD), that approach could backfire big time. Abuse and harassment among owners is on the rise, says Sandra Gottlieb, a founding partner of…