Newsletters

Discrimination Claims – Where Do They Come From?

Filed Under Discrimination, Litigation

Posted September 20, 2011

It’s a bright spring morning and the market is beginning to defrost from its long winter chill. Spring purchasers are out, including Polly Purchaser who is looking to move her family to a new community. While looking at the community, Polly asks a board member what the community is like. The Board member responds byGo to Resource

Community Associations Must “Accommodate” Emotionally Troubled Residents

Filed Under Discrimination, Litigation

Posted September 20, 2011

Every profession has its war stories. For community associations, these stories increasingly involve owners who, because of age, emotional problems, or both, pose a threat to themselves and to others in the community. Like the woman with Alzheimer’s, who wandered regularly from her complex when her son, with whom she lived, was traveling on business. Go to Resource

Xeriscaping and Covenant Controlled Communities

Filed Under Enforcement and Fines

Posted September 20, 2011

American society has experienced a “green” movement. This eco-friendly movement has created many new laws and measures that have been enacted to encourage more earth friendly practices. But how do some of these laws impact your homeowners association? One common situation that may arise is the topic of xeriscaping. In 2005, Colorado enacted law thatGo to Resource

When Does An FHA Violation Occur?

Filed Under Discrimination, Litigation

Posted September 20, 2011

According to the Ninth Circuit Court of Appeals, a violation of the Fair Housing Act does not occur until a requested accommodation is first refused. In a recent case from Hawaii, a homeowner was granted temporary permission to keep a companion pet while the Board of Directors investigated the request. According to the court theGo to Resource

Variances in the Architectural Review Process

Filed Under Enforcement and Fines

Posted September 17, 2011

Applying architectural guidelines and procedures uniformly is a major objective of the Architectural Review Committee (ARC). Like the board, the ARC should treat everyone the same. It should not, for example, require one owner to submit a $250 deposit to review plans, while reviewing a committee members’ neighbor’s plans for free, or approve one person’sGo to Resource

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