Our Blog
Articles and news from our firm.
HOA Election Integrity – The Importance of Procedure
Election of directors is among the most high-profile, and consequently frequently challenged, actions of a homeowners’ association (“HOA”). This article will address just a few of the procedural requirements to take into consideration when holding an HOA election.
New Year, New Federal Reporting Requirements: HOAs and the Corporate Transparency Act
On January 1, 2024, the reporting requirements of the Corporate Transparency Act (“CTA”) took effect, requiring HOAs to file information on their “beneficial owners” with the Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Department of Treasury.[1]...
The Importance of Budgeting for Legal Expenses for HOAs
There are tremendous benefits to an HOA budgeting for adequate funds toward potential legal expenses. In any community, unexpected circumstances are bound to arise, and it is important to be as prepared as possible.
Service Animals and Support Animals in Homeowner Associations
Under the Americans with Disabilities Act (“ADA”), service animals and other assistance animals (commonly referred to as “support animals”) are considered two different things. A service animal is defined as being a “dog that has been individually trained to do work...
Rental Restrictions and HOA’s
Rental properties can be the bane of your homeowner association’s existence. Whether the owner originally occupied the property and later moved on to a new primary residence, or the owner purchased the property intending to rent the property out, an absent owner...
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...