2011

Yesterday, Molly Foley-Healy wrote about community association rules and evaluating whether your association’s rules and restrictions fit your community. Making your rules and regulations fit your community is only one step in the process of reviewing and revising board-adopted rules and regulations. What if your rules are illegal?

One condominium association in Canada was recently ordered to pay a former owner $10,000 for prohibiting the owner’s young daughter from swimming in the association’s pool. The association’s rules prohibited any child under the age of 2 from using the pool. Even though the rule at issue may have fit the community, which apparently consists of many owners or residents over the age of 65, the rule violated the Canadian fair housing laws because it discriminated based on familial status. Similar fair housing laws apply to Colorado community associations.Continue Reading Ruling Out Diapers Could Really Stink for Your Association

If you follow news stories on homeowners’ associations (“HOAs”), you may have seen coverage on the uproar created by the Sutton Lakes Homeowners Association in Jacksonville, Florida that has asked a resident to remove a sign that simply says Jesus. Evidently, the governing documents of the HOA only permit “For Sale” and “For Rent” signs in the community.

While Colorado law prohibits HOAs from banning the display of political signs, other types of signs can be prohibited through use restrictions found in a declaration of covenants, conditions and restrictions or through rules and regulations. The question is not whether an association has the authority to restrict signage; the question is whether these types of restrictions make sense for your community.Continue Reading Use Restrictions and Rules Should Fit the Community

The Courthouse News Service reported on a story that really caught my attention. Evidently, the City of Atlanta Watershed (“Atlanta Watershed”) has threatened to shut off water to the 125-unit Villages of Cascade Homeowners Association (“Association”) as early as today if the Association does not pay 25% of an outstanding balance due for water supplied by the Atlanta Watershed. 

 

The Association utilizes income from assessments to pay water fees for all of the units which are linked to a single water meter. Obviously, assessment income is also used to pay for all of the common expenses of the community. But get this – the Association reportedly has an assessment delinquency rate of 63%! While this economy has certainly taken a toll on the ability of some homeowners to pay their assessments in a timely manner, a 63% delinquency rate is astounding even for this economy. Continue Reading Failure to Budget Appropriately and Collect Delinquencies Has Major Consequences for HOA

SummitDaily.com has reported on a condominium association in Breckenridge that was thinking outside the box when considering renovation options for the community.  As part of the renovation project, the Longbranch Condominium Owners Association (“Association”) was looking at replacing the Association’s boilers. 

In researching options for heating water, the Association worked with a team of three companies (Mech Tech, RE-Align and Sunshine Solar) to create and install a solar thermal supplemental hot water system. This system will provide about 75% of the hot water utilized by residents in the 60-unit Association. In addition, excess hot water will supplement the pool, sauna and hot tub.Continue Reading Breckenridge Condominium Association Goes Solar to Heat Water

Back in May, Lindsay Smith blogged on a story involving a couple in Louisiana who were displaying a banner in their yard supporting their son who is a Marine serving in Afghanistan. 

Timothy and Jodi Burr, the proud parents of the Marine, claim that a covenant of Gardens of Southgate Homeowners Association (“Association”) prohibits the placement of signs on lawns within public view. They also maintain that the Association is selectively enforcing this covenant since the Association has allegedly not taken enforcement action on “numerous signs throughout the neighborhood.” 

 

Since May, this story seems to have taken on a life of its own and has become extremely ugly. Evidently, the couple did not take down their banner and the Association has filed a lawsuit against them to force compliance. In addition to the issue of selective enforcement, the couple has contended that the Association has been unresponsive to their requests for a meeting to discuss this issue. Continue Reading Do HOAs Need to Rethink Prohibitions on Displays Supporting Members of the Military?

The Denver Post recently ran an opinion piece about underwater homeowners who decide to walk away from their obligations entitled "The Wisdom of Walking Away From Your Mortgage."  In one case, the owner – who made a $100,000 annual salary and invested in multiple real estate clubs – walked away from his $435,000 mortgage to rent a less expensive property.

The tone of the piece indicates some owners believe they are entitled to walk away from a bad bargain because so many banks took bailout money.  It neglects to acknowledge that many banks did not take bailout money, but are still being lumped together with the evil corporate behemoths that did.   The sense of entitlement that permeates the article is offensive to anyone who still believes that parties should abide by the agreements they make.  Perhaps I’m old fashioned, but as a lawyer, and as a community association lawyer with an emphasis in covenant enforcement, I tend to think that contracts are a good thing that should be respected by both parties.Continue Reading “She said I want to walk away and start over again….”

Suzanne Leff and I have had a heated discussion this afternoon regarding the issues of animal hoarding, stray cats, and an Association’s related responsibilities and powers.  We were inspired by this story, in which a "cat lady" defeated her HOA’s notices of violation.  The cat lady provided food and shelter to stray cats, and had been doing so for several years – with the Association’s knowledge and consent.

The Association then determined that the stray cats she fed and sheltered constituted a nuisance and that she was feeding wildlife in violation of the covenants.  In addition, she’d erected a small feeding structure in violation of the covenants.  After multiple hearings, the Association backed down from its position, creating a victory for feral cat lovers everywhere.

Suzanne Leff is somewhat heartless and thinks the Association should not have permitted the cat lady to continue her feline-atarian activities.  Gina’s primary concern is whether the cats have assets that could be collected in the event the cat lady fails to pay her assessments.

I take a different perspective.  This is yet another case of an overbearing HOA dictating what owners can and can’t do on their own property.  The cat lady’s actions ultimately save lives, decrease governmental spending on animal shelters, and provide an endless supply of lolcat pictures.Continue Reading Crazy Cat Lady or Loving Animal Caregiver?

A condominium association in Jeffersonville, Indiana is facing litigation after an elderly resident assaulted an association employee.  Seventy-two year old Betty Haley tried to chest bump (really!) employee Reid Blasi out of her way when he blocked her exit from the pool at the Harbours Condominiums.  You can see the video here.

In response to the chest bump, Mr. Blasi pushed Ms. Haley backwards into the pool.

Big mistake.

Ms. Haley had previously been banned from the pool for "excessive splashing," but continued to use the facilities.  As an aside, what can a 72-year-old woman do that constitutes excessive splashing?  Were the other people at the pool upset they were getting wet?  When does splashing cross the line from enthusiastic to excessive?

To top it all off, mysterious posters of Ms. Haley with sketched-in devil horns have appeared throughout the condominium, calling for her "dead or alive – preferably dead."

We can’t make this stuff up.

Banned for excessive splashing (and being the Prince of Darkness).

Continue Reading Chest Bumping and Excessive Splashing

Every member of an association has something unique they can contribute to their Board.  Board members with backgrounds in insurance, landscaping, law, and construction often provide expertise most people don’t have and become invaluable to an association.  Even without relevant experience, your unique perspective can help your association function better.  You may be considering taking the leap to become a Board member.  We always welcome interest from new and past members, but recommend you do a little thinking before you submit your name for Board consideration.Continue Reading So You Want to be a Board Member…