The Summer 2025 edition features an article delving into Community associations often relying on third-party vendors for essential services, but poorly drafted contracts can expose them to significant risks. Common issues include missing key terms, vague scopes of work, unenforceable sales promises, unfair liability limitations, one-sided indemnification clauses, and weak termination provisions. To protect the association, contracts should be clearly written, carefully negotiated, and reviewed...
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The Spring 2025 edition features an article discussing hate crimes and liability for Community Associations In 2016, the U.S. Department of Housing and Urban Development (HUD) issued a new rule addressing harassment and discriminatory housing practices under the Fair Housing Act (FHA). The rule holds housing providers, including community associations, liable for failing to take corrective action when discrimination occurs between residents, especially in cases involving harassment or creating...
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The Winter 2024 edition features an article discussing emotional support animal requests. Under the Fair Housing Act, community associations must consider requests for emotional support animals (ESAs) as a reasonable accommodation for residents with disabilities. Requests can only be denied if the animal poses a safety threat or property damage, supported by an individualized assessment of the situation. Residents must provide documentation from a qualified healthcare provider to substantiate...
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The Corporate Transparency Act is a federal law that became effective on January 1, 2021, to prevent money laundering, terrorist financing, corruption, and tax fraud by making it easier for the government to identify the individuals who operate certain companies and corporations. Although it would be unlikely that most nonprofit corporations would be engaged in such illegal activity, the Act is broadly written to include homeowners associations, condominium associations, townhome associations,...
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The Fall 2024 edition highlights two essential aspects of community association management: the importance of meeting minutes and the process for handling unpaid assessments. David C. Boy, IV, Esq. emphasizes that meeting minutes are crucial for ensuring transparency, accountability, and legal compliance. Properly documented minutes provide a record of board actions and decisions, serving as vital evidence in disputes. To be effective, boards should prepare minutes in advance, capture key...
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