3/12/19
By: Michael Shepherd
As courts across the country become more congested, many courts now order the parties to participate in some form of alternative dispute resolution, such as mediation or non-binding arbitration. When it comes to Homeowners Associations, many state …
Best Practices for HOA Elections
2/13/19
By: Charles McCurdy
In California, as communities with HOAs have proliferated, so has the thicket of statutes, rules and regulations that apply to their operations. For example, just holding an election for an HOA’s Board of Directors implicates California’s Civil …
California Enacts New Anti-Fraud Laws To Protect HOA Members
1/24/19
By: Greg Fayard
In California, an anti-fraud bill designed to protect HOA members sailed unopposed through the legislature becoming law January 1, 2019.
The Community Associations Institute and the California Association of Community Managers sponsored the bill, which makes various …
12/12/18
By: Jake Loken & Bill Buechner
In a case citing The Rolling Stones, Henry Thoreau, and Abraham Lincoln, and listing the ingredients needed to make lemonade, the Third Circuit rejected an elderly woman’s disability discrimination claim under the Fair Housing …
12/10/18
Earlier this year, Florida has enacted several laws impacting homeowners associations. Among these changes include the following:
As of July 1, 2018, Florida requires homeowners associations to publicly record all amendments to governing documents, where “governing documents” …
New Florida Law Change Allows Property Owners to Challenge Lapsed Covenants
11/30/18
By: Melissa Santalone
A recently enacted section of the Florida Statutes allows property owners to seek court intervention to prevent their community associations from revitalizing lapsed covenants and restrictions as to their parcels. Property owners can commence an action for …
HOA’s Situated in California’s Coastal Zone May Not Unilaterally Ban Airbnbs
11/27/18
By: Frank Olah
In the past few years, online booking sites such as Airbnb have predominated the short-term vacation rental market. As a result, many of California’s traditional vacation destinations have seen a surge in short-term rental (STR) activity causing …
10/12/18
By: Jonathan Romvary
How far can a Board go in fighting against what they believe is unfair homeowner criticism? Can they publish a formal response to unfounded allegations? How should Associations address online criticism on unofficial Facebook groups created by …
New Jersey Appellate Court Affirms Association’s Right to Enforce Code of Conduct
10/1/18
By: Mark Stephenson
The close-set nature of condominium association communities lends to the adoption of codes of conduct as an effective way to promote efficient dispute resolution and unit owner civility. Such disputes are a too-fruitful source of litigation. Recently, …
Federal Court Finds Exclusions in HOA GL Policies Applicable to Wrongful Death Suit
9/7/18
By: Peter Catalanotti
Colony Insurance issued a commercial general liability policy to The Courtyards at Hollywood Station Homeowners Association Inc. (“HOA”) that operates an apartment complex in Florida. Great American Alliance Insurance issued an umbrella policy to the HOA.
Two …
Lions, Tigers, and… Peacocks? How to Handle Requests for Emotional Support Animals
4/16/18
By: Christopher M. Curci
Many HOA’s with a “no pets” policy struggle to properly handle requests from unit owners to have emotional support animals at the property. Governing Boards have to balance the needs of the unit owner making the …
Homeowners’ Associations: Banning Short Term Rentals May Violate California Coastal Act
4/9/18
By: Jeffrey R. Cluett
The California Court of Appeal overturned a denial of a preliminary injunction of a homeowners’ association resolution banning short term rentals (“STR”). It found that appellants made a prima facie case that the ban violated the …