Our Blog

Articles and news from our firm.

Restrictive Covenant Prohibiting Rentals to College Students Upheld

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...

ADA Pool Regulation Upcoming Effective Date

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...

FHA Condo Certification: Recent Changes Benefit Associations

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...

Liability for Wild Animals: Alligator Update

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...

Covenant Enforcement: Height Restriction Upheld

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...

Punitive Fining is Outside Board’s Authority

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...

Use Caution When Reviewing Leases

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...

Property Maintenance Company Cannot Foreclose on Condo Units

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...

Self-Help and Covenant Enforcement- Drawing a Line in the Sand

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...

Alcoholic Beverage Licences for Homeowners’ Associations

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...

Proposed Gun Range in Posh Condo Penthouse

Originally posted on January 9, 2012 by Ryan Here’s an article from the Baltimore Sun about a penthouse unit owner in the Baltimore Ritz-Carlton Residences seeking to obtain a permit to build a gun range inside the unit.  Condo association rules, state laws and local...

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