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 …
Unit Owners Denied Easement To Access Community Dock
2/22/18
By: Michael G. Kouskoutis
In Goldman v. Lustig, a Florida townhome unit owner (Lustig) sought an injunction to prohibit neighboring unit owners from crossing his yard to access a dock located behind his unit. The unit owners had rights …
2/12/18
By: Jan S. Sigman
Many homes built in the metro Atlanta area in the past 20 years are located in subdivisions that have a homeowner’s association (HOA). In 1994, Georgia adopted the Property Owner’s Association Act. If an HOA elects …
Show Me the Money! Georgia Court of Appeals Affirms HOA’s Right to Recover Attorneys Fees
1/31/18
By: Cheryl H. Shaw
Community associations are funded through assessments paid by property owners. When owners fail to pay, the association’s ability to meet financial obligations and provide for upkeep of the community is diminished. Common area repairs and replacements …
12/21/17
By: Michael Kouskoutis
Despite the ubiquitous use of e-mail, Florida law provides no clear answer on the extent to which HOA members can access e-mail communications of the association’s board members. While Florida Statutes permit broad access to “official records …
Enforcing the Rules: Are HOA Fines Too Heavy, Too Light or Just Right
12/21/17
By: David G. Molinari
Nearly one quarter of Californians live in a community governed by an HOA. Associations use fines to curb violations of governing documents. Some associations use fines excessively, while others only rarely. How should fines be used …