Association Alert – Community Association Law Blog

Can a Group Home be Built in a Single Family Association under the FHA – YES

Facts Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney ...
Read More →

Post-Turnover Declarant Rights? Think Again…This One has a Happy Ending for the HOA

Declarant/Developers of Community Associations love to reserve themselves rights within the Declaration that extend far beyond their Declarant control powers.  This is nothing new.  But ...
Read More →

Registering Your Association’s Name and Logo – YES – You Absolutely Should Do It

The Problem You are on the Board of your association (ABC Association). Unfortunately, as often happens, someone has decided to complain about EVERYTHING. First they ...
Read More →

Can the Association’s Documents be Contradictory and Still Enforceable?

A recent New York Court dealt with an issue on leasing (Olszewski v. Cannon Point Association, Inc., 148 A.D.3d 1306 (2017)).  The Board adopted rules ...
Read More →

Court Upholds Association Decision to Return Checks Containing Restrictive Language

Issue When association documents require funds from owners to be applied in a certain order, can a unit owner alter how the funds are applied ...
Read More →

Managers of Condominiums Who Know or Should Know of Security or Safety Concerns May be Required to Engage in Enhanced Security Measures

Facts The plaintiff, Jody Goldstein, was beaten and robbed, resulting in serious, permanent injuries while staying as a guest at the Chateau Orleans, a combination ...
Read More →

Emotional Support Animals – If It’s Aggressive, It’s Not Reasonable

Facts In 2015, Unit Owner’s dog, Maggie, was an 11-year old golden retriever.  Maggie bit another dog living at the Association and had previously “displayed ...
Read More →