Category: Community Association Law Articles

Originally posted on March 12, 2016 by Ansley The SPUR at Williams Brice Owners Association, Inc. v. Lalla, No. 2013-001479. In this recent Court of Appeals ruling, the Court affirmed the lower court’s holding that a restrictive covenant prohibiting the lease of condominium units to students unrelated to the unit owners was valid. The Association […]
Originally posted on January 16, 2013 by Ansley January 31, 2013 is the effective date for existing swimming pool owners to bring their pools into compliance with ADA regulations, including providing accessible means of entry and exit. What does this mean to Community Associations? Associations have to consider the following: 1) Is the Association a “public […]
Originally posted on October 29, 2012 by Ryan HUD released new condo certification policies effective September 13, 2012. These revised regulations benefit associations by loosening some of the more stringent requirements for condo certifications under FHA. Notable changes include: 1) FHA will now consider projects with up to 50% commercial space on a case-by-case basis […]
Originally posted on October 29, 2012 by Ryan The Georgia Supreme Court overruled the court of appeals decision holding a homeowners’ association liable for an alligator attack on a guest. Last November, I wrote an article explaining how this case may have come out in South Carolina. The Georgia Supreme Court used a similar analysis in […]
Originally posted on October 29, 2012 by Ryan Greenbank Beach & Boat Club, Inc. v. Bunney, No. 66308-9-1, Wash. App. Ct., May 29, 2012. In this case, the association brought suit against Bunney for violating a 15’ maximum height restriction on dwellings within the neighborhood. Bunney submitted building plans for a home six feet taller than the […]
Originally posted on August 21, 2012 by Ryan Fairfax Co. Redevel. and Housing Auth. v. Shadowood Condo. Ass’n, No. CL-2010-13282, Va. Cir. Ct., May 12, 2011. In this case, a condo association levied more than $20,000 in fines against a housing authority, which owned several units to rent to low income families. The fines were […]
Originally posted on August 7, 2012 by Ryan Many governing documents provide the association with the authority to review and either approve or deny the leases of community members. This authority can be helpful in that the association can ensure the lease document complies with the association’s governing documents, the association can have a record […]
Originally posted on February 27, 2012 by Ryan Parc Central Aventura E. Condo. v. Victoria Group Serv., LLC, 54 So. 3d 532 (Fla. Dist. Ct. App. 2011). A Florida court of appeals determined that a company providing cleaning, concierge and security services to a condo association could not foreclose on individual units when the association […]
Originally posted on February 27, 2012 by Ryan Frustrated board members often find themselves in a predicament: how far is too far in covenant enforcement?  Oftentimes, the governing documents of an association will allow the board to use self-help to enforce the covenants in a handful of situations.  For example, the covenants may state that […]
Originally posted on February 22, 2012 by Ryan H. 3295 is a bill introduced in the House on January 12, 2011 and signed by Governor Haley into law on June 17, 2011. This bill authorizes homeowners associations to hold state licenses to sell alcoholic beverages. In order to meet the definition of a homeowners association […]