Tag Archives: courts

Innocence Lost

After an anonymous flier informed residents that a registered sex offender had been seen at the community pool, a mother demanded that her  homeowners association board take action.  She feared for her children’s safety and wanted the offender banned.  Nine months later, the pines of Greenwood Homeowners Association became the first association in their area to prohibit registered sex offenders from living in the community. 

But the decision last year wasn’t without consequences.  When a sister subdivision that shared the pool refused to enforce the ban, The pines at Greenwood severed the relationship and was left to make up $18,000 in lost pool revenue – a significant hit for a community of just 175 single-family homes operating on a $62,000 annual budget.

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Due Diligence

How should your association board make business decisions?  In a word: Diligently.

                Diligence is the key to business decisions of community association boards.  If your association winds up in court because an owner disagrees with a repair project, or a decision not to repair, you’ll want protection under the “business judgment rule” – the process the board should have used to make its decision.

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How Annoying?

When it comes to curtailing disruptive behavior inside and outside your community, don’t underestimate the power of state nuisance laws.

Imagine that your community is located in a quiet part of town, far off the highway and miles from traffic-heavy secondary roads. Then imagine that someone buys the undeveloped land down the street and builds a motocross track. From early morning until dark, bikes roar around the turns and over the jumps, filling your neighborhood—and your residents’ homes—with deafening noise. You assume that the track violates a city or county law, such as a noise or zoning ordinance—only to learn that your local municipality has no statutes that would stop the track. What do you do?

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Strapped associations can fight back

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

A legal tactic that forces lenders to either pay up or get out of communities governed by a homeowners association has been sanctioned by three courts in Florida. And it couldn’t come any sooner for the millions of associations struggling with the impact that nondues-paying owners are having on their communities.
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