Tag Archives: space

Car Trouble

Are parking problems causing your residents to erupt in road rage? Maybe you need to review your rules.

It’s the dead of night.  Suddenly, the silence is shattered by shouts and the sounds of running feet.  Is it a robbery? A drive-by shooting? No. It’s a confrontation between a resident a tow truck driver.

Many association leaders know all too well that conflicts over parking spaces can elicit strong emotional responses, resulting in keyed paint, flattened tires, spray-painted graffiti on the board president’s car, angry phone and e-mail messages and sometimes even physical altercations.

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Newsletters – Regular, Relational, Readable & Right

Newsletters are an important communications vehicle for communities, but they can be difficult for many neighborhood associations to produce consistently.  Newsletters take time and effort.  When done correctly, however, they can be a wonderful way to keep residents informed and to build a stronger sense of community.  Here are some tips on how to create and use newsletters to their fullest potential.  To be effective newsletters must accomplish the 4 “R’s” – Regular, Relational, Readable & Right.

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All about HOA rules

If you are thinking of buying a property in the US, one term that you would repeatedly come across is the Home Owners Association Rules or HOA rules. HOA rules are development specific and define the rules applicable for all the residents of that development. Each and every development in the US would have HOA rules framed by the HOA.  Studying and understanding these rules is of great relevance and significance when one is considering buying a property in the development. An HOA gets formed immediately upon the birth of a new development. As more and more members start living in the development, the HOA feels the need to define an acceptable code of responsibility and behaviour amongst all its members. This is what the HOA defines for all its members. The objective of these rules is to help all the residents enjoy their stay in the development without infringing the privacy and space of the others. These rules would list down what the members of the development are allowed to do. At the same time HOA rules would also contain a list of everything that is prohibited in the development.

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Two Year Statute of Limitations for FHA Claims

Telesca v. The Village of Kings Creek Condominium Association, Inc.,
No. 09-13910, U.S. App. Ct., 11th Cir., Aug. 2, 2010

The Telescas bought a condominium unit in Florida, which they used as a vacation home for over fifteen years.  Parking at the condominium, pursuant to the condominium’s policy, was on a first come first serve basis.  Several handicap spaces were available at the complex, but none were relatively close in proximity to the Telescas’ unit.

In 2004, the Telescas asked the association for an assigned parking space based on their declining health conditions, but their request was denied.  They repeated this request in 2005 and again in 2007, and were rejected twice more based on association policies.  Once in 2005, Mrs. Telesca’s car was towed when she parked in a resident space while visiting their unit. This incident, according to the court, was the only specific injury alleged in the complaint filed in 2008.

The complaint against the association alleged harassment, retaliation and discrimination in violation of the Fair Housing Act.  The district court found that the Telescas complaint failed to plead a particularized injury within the two-year statute of limitations period. The trial court also determined that the Telescas did not have standing to bring their FHA claim for violations relating to a property that was not a full-time residence.

On appeal, the court held that while the Telescas did have standing to bring their claim,  they did not state an injury within the statute of limitations period.  The appeals court found that a vacation home can be considered a dwelling under the FHA, which meant that they had standing to bring a claim based on discrimination “in the provision of services or facilities in connection with [a] dwelling because of a handicap.”  The Act requires “reasonable modifications” of existing

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