Several years ago, the federal government passed laws that allow the Federal Communications Commission (“FCC”) to enact rules that override provisions in associations’ governing documents that prohibit or limit the use of antennas and satellite dishes within their communities. The following are some common questions regarding what an association can and cannot do in relation to governance of antennas and […]

Many associations have provisions in their governing documents that give the association architectural control over any construction, alterations, or additions to the individual lots. Furthermore, if the association has the power of architectural control, it also usually has the power to adopt architectural guidelines. If an association has that type of power, it should keep the following issues in […]

When an association is created, it is usually created with the power to enforce the restrictions that have been recorded against the property governed by the association. At some point, an association will probably be faced with the need to enforce its governing documents. The question that then arises is whether the association has the power to require the […]

Most associations enter into several contracts each year. However, very often associations do not realize the pitfalls that exist in the contracts that they sign until someone is hurt by the actions of the contractor, the contractor fails to perform, or the association attempts to terminate the contract. As part of its duties to its members, the board […]

As with any other aspect of life, conflict is likely to arise at some time within the community. The question becomes, how should the association handle conflict when it arises? The following are some suggestions (both practical and legal) as to how to both prevent and handle such conflict. 1. Communicate with your members. Effective communication with the […]

Many associations have questions regarding the hiring of independent contractors. For example, an association may wish to have a handy man perform services around the complex, or hire an owner in the community to shovel the snow off the walks in the winter. If the association is evaluating hiring an independent contractor, it should keep the following general principles […]

Appropriate insurance is very important for associations, to protect not only the association as a whole, but the individual board members who are volunteering their time to serve the association. When evaluating insurance, keep the following information in mind: 1. Understand what types of insurance exist. (A) General Liability Insurance – Liability insurance insures against third party claims arising […]

Mold is becoming a very serious issue for associations, particularly condominiums. The cost of remediating mold can be very expensive. However, mold cannot be ignored, as some forms of mold can cause health problems. Therefore, the association should consider the following possible actions in addressing the issue of mold: If the association has water intrusion, it should immediately take […]

A question often arises as to whether the president of an association has a right to vote on board matters. In every association of which we are aware, the board president is also a member of the board. As such, he or she has the right to vote as any other board member. Furthermore, many […]

Many associations adopt rules to govern various portions of their community. When an association adopts rules, it needs to understand whether it has the authority to adopt a particular rule. When the association is considering adopting rules to govern the community, it should keep the following information in mind: The association’s power to adopt rules usually comes from its governing […]