Tag: Nuisance

One of the draws of living in a planned community is aesthetics—uniformity in the design and appearance of homes, rules and regulations that prevent homeowners from putting up decorations that are eyesores, and specific paint themes and landscaping that are in good taste all make for a neighborhood that looks great. But there are times when members may want to make modifications to their homes. In these instances, the concern for associations is that these changes may affect the harmonious design of a community, decrease property values, and increase liability.

Living in close proximity in a condo building or sharing amenities year after year in more spread out planned communities can throw together members with different points of view—some of them controversial. The past year has created divisiveness in political conversations and discussions about recent exposes regarding sexual harassment. But some states had reported a rise in hostility and aggressive behavior among community association members even before national events brought up these issues to argue over.

Telecommuting has become commonplace in many industries, with workers being encouraged to work from locations other than their company’s office. Small business owners might try to save money initially by finding a solution to running their operation other than leasing commercial space that locks them into a lease and rent. And parents of young children sometimes decide to watch other children to bring in additional income. Seemingly diverse types of workers often have one thing in common: Their homes must sometimes double as work space.

Pets can enrich the lives of their owners, and many associations understand this and do allow members to have pets. However, dealing with pets in condominium communities requires balancing the freedoms pet-owning members enjoy on their privately owned property with the rights neighboring members have to enjoy their property. Some communities avoid this balancing act by banning pets entirely; others impose strict pet size and quantity limitations on members.

Although serving on the board of an association is a voluntary duty, unfortunately it can result in board members being sued. An association should do its best to shield board members from individual liability, though. A recent Texas appeals court ruling is an example of a situation where things ended well for board members who were being sued. There, a court determined that the board members, who were being sued by homeowners in a community that had been demolished, weren’t liable.

Q: A weather disaster has severely damaged many of the homes in the planned community I manage. The local government is determining whether the community should be demolished. Several board members want to do this, but homeowners are protesting. The board members are worried that if they take action, they’ll be held legally responsible. What are the chances of this, and are there any recent cases that address this issue?

Age-restricted communities have become a real force in the housing market, providing a great alternative for elderly people who want to stay active and remain in their homes rather than move into nursing homes or assisted living facilities as past generations often did. But they’ve also presented challenges for their associations—members who are “aging in place” at such communities are more likely to develop medical problems or issues that are an inevitable part of getting older.

A recent tragic accident at a Florida theme park has raised questions about the use of warning signs in communities where alligators are a known threat. The state’s gated communities often have golf courses, lakes, and ponds that attract alligators. Florida is one of many states that face dangerous wild animals as threats to residents, as other areas around the country are home to poisonous snakes, among other wildlife. Since the widely reported alligator attack, associations, including yours, might be asking whether they should post warning signs about dangerous animals.

As nonsmokers become more assertive about their right not to breathe secondhand smoke, there has been increasing litigation over the issue of smoking in condominiums.

A recent California case is an example of this, and it may push boards to consider eliminating smoking in the common areas of condominium communities. Although the case involves an apartment complex, there are similarities with how smoking in condominiums has been litigated—and will continue to be litigated.