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Lindsay S. Smith

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Lindsay Smith is a partner at WLPP Law, where she practices in general community association and real estate law. She provides legal representation in covenant enforcement, document amendment, and general association litigation; contract and document drafting and review; general business and governance advice for association clients; and meeting protocols.

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A Florida homeowners association recently took action to shut down a lemonade stand run by children ages five through ten. I remember the misspent days of my youth, sitting on the corner on a sunny summer weekday, wondering why no one in my rural neighborhood stopped by to sample my watered-down Countrytime…

Of course, I had five neighbors within a mile, and they all worked on Tuesdays. It appears the children in Florida have a better business plan – they are selling lemonade in an actual neighborhood. Their association, however, has taken the perspective that such sales are an impermissible commercial activity, prohibited by the association’s governing documents.Continue Reading When Life Gives You Lemons…Talk to Your HOA Before Making a Lemonade Stand

Members of the Hillbrook-Tall Oaks Civic Association in Annandale, Virginia, recently elected a dog as President of their association. When asked to vote for the office, residents unanimously elected Ms. Beatha Lee on her strong platform emphasizing her outdoor interests and neighborhood activities.

For the full article, see:

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/18/AR2011021807506.html

While the idea of residents unwittingly electing…

The recent violence in Arizona and the convention of the 112th Congress have brought thoughts of civility to the front of many of our minds. Even in Colorado, legislators bicker over whether to adopt a civility pledge.

http://blogs.denverpost.com/thespot/2011/01/20/after-six-years-house-republicans-now-question-need-for-civility-pledge/21214/

People have differences of opinion at all levels of governance – homeowners and condominium associations included. Sometimes these differences are based in a genuine disagreement over what is best for the community. Other times, the disputes arise out of personal feelings, partisanship, and even the desire to cause discord.Continue Reading The Importance of Civility

We often hear the terms “proxy” and “ballot” used interchangeably. The documents are not one and the same, and Associations should take care to treat them differently.

A proxy is a document executed by an owner that grants to another person the owner’s right to vote on a given matter in the Association. Generally, an individual who cannot attend a meeting will grant a proxy to another person who will attend the meeting. This helps to ensure that the Association reaches quorum and is able to transact business, and allows the absent party to have a vote in the matters at hand.Continue Reading Proxies and Written Ballots – What’s the Big Difference?

The Federal Housing Administration is implementing a new approval process for condominium projects.  All projects must now obtain re-approval every two years.  Most current approvals are scheduled to expire on December 7, 2010.

Check your condominium’s approval status at the following link, and contact us if you need assistance obtaining re-approval before the December deadline.

We occasionally receive calls from distressed board members or managers when individual community members take steps to amend an association’s governing documents without going through a board process. Usually, a packet arrives in the board member’s or manager’s mail at the same time everyone else in the community gets the proposed amendment. This type of owner-initiated document amendment drive can result in substantial expense and, if not handled properly, can leave the association with vague, poorly drafted documents that make governance close to impossibleContinue Reading The Owner-Initiated Document Amendment

 Social media sites like Facebook and Twitter are becoming more common methods for American communications. Sites that were once reserved for college students are now used by parents, grandparents, businesses, and movements to keep in touch and disseminate information. Many homeowners associations and condominium associations have joined the new media revolution, with varying degrees of success.

Facebook and Twitter can allow users to customize who can see information posted. While most association governing documents are matters of public record, if an association wishes to post other information, like meeting minutes or budgets, it may wish to limit access to association members. Any association that intends to make full use of the communications aspects of social media should take care to ensure that the site or page is regularly reviewed to grant access to members.

 Continue Reading The Use of Social Media in Association Governance