Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Deed RestrictionsChristopher R. Moore, Esq.November 18, 2020Rental Restrictions

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Architectural ControlChristopher R. Moore, Esq.July 12, 2020

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Assessment CollectionChristopher R. Moore, Esq.May 3, 2020HOA Lien, Lawsuit, FDCPA

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

GovernanceKailey I. Jacomet, Esq.April 7, 2020Coronavirus, Covid-19

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

GovernanceChristopher R. Moore, Esq.April 5, 2020Emergency Powers

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

AssessmentsChristopher R. Moore, Esq.March 30, 2020HOA, Coronavirus

Managing the Impact of Covid-19 (Coronavirus) in a Community Association

Healthcare providers, businesses, and educational institutions are all preparing for and dealing with the severe consequences resulting from the spread of the virus and the COVID-19 illness it causes. Associations are not immune to the effects of the Coronavirus. Like other organizations, community associations need to be prepared and take proactive measures to mitigate the impact of the ongoing pandemic. Wisely crafted and carefully implemented counter-measures at the local level, including by HOAs, can go a long way toward fighting the virus and “flattening the curve” by slowing its spread.

GovernanceChristopher R. Moore, Esq.March 19, 2020Covid-19, Coronavirus

HOA: A Start-To-Finish Guide for Homeowners

According to a Florida district judge, a community association is “a little democratic sub-society of necessity.” Hidden Harbour Estates, Inc. v. Norman, 383 So. 2d. 637 (Fla. App., 1981). Similar to state and local governments, homeowners’ associations (HOAs) are essentially an agreement between property owners to cooperate and abide by the rules in hopes of making the community a better place to live. If everyone plays ball, the community as a whole runs more smoothly and enjoys benefits that individual homeowners would not be able to enjoy acting alone.

Community LivingChristopher R. Moore, Esq.February 18, 2020HOA

Reserve Funds For Homeowners' Associations

What happens when an essential common element is unforeseeably damaged—resulting in significant repair or replacement costs—and there’s no money in the budget or insurance to cover the loss? Rather than get caught scrambling for cash when an unexpected contingency or major maintenance need arises, many communities maintain “reserve funds,” a sort of back-up savings slated for emergencies, long-term upkeep costs, and irregular expenditures. Although reserve accounts are often not mandatory, an ample reserve can play a big role in protecting a community’s long-term financial health.

AssessmentsChristopher R. Moore, Esq.February 4, 2020Reserve Funds, Coronavirus

Privacy Rights, Confidentiality, and Data Security for Homeowners’ Associations

With the current prevalence of identity theft, it’s not surprising that data protection has become a significant concern of homeowners when entrusting their information to a Homeowners’ Association (HOA). And privacy should likewise be a chief concern of HOA boards. Associations, and particularly their board members, are regularly entrusted with homeowners’ sensitive, confidential materials, often including personally identifiable information like social security numbers and financial information like credit card and bank account numbers. Many state statutes impose legal obligations for the protection of this kind of sensitive information.

Simply Unenforceable: HOA Covenants and How They Can Go Too Far

Notwithstanding the presumption of enforceability, there are plenty of reasons why an individual covenant or restriction might be unenforceable. The reasons most commonly cited by courts are: Procedurally flawed enactment; substantive invalidity; violation of rights of homeowners, or inconsistent, arbitrary, or capricious enforcement. Any one of these flaws can render a covenant effectively void. One flawed covenant won’t necessarily invalidate the rest of a community’s declaration—and sometimes courts will interpret a questionable covenant in a manner that permits enforcement—but, for the most part, a covenant that fails any of these criteria will be unenforceable.

EnforcementChristopher R. Moore, Esq.December 11, 2019Discrimination, Flags, FHA

Religious Freedom in Homeowners Associations

Up until the 1968 passage of the Fair Housing Act (“FHA”), homeowners associations had a lot of leeway to interfere with religious practices or promote particular denominations. But now that the FHA is firmly entrenched in the national lexicon, there are significant limitations on the power an HOA has to restrict religion. The Fair Housing Act, 42 U.S.C. §3604(b), makes it unlawful for “housing providers” (including community associations) “[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.”

Deed RestrictionsChristopher R. Moore, Esq.October 28, 2019FHA, Discrimination, Religious Freedom

What About the Children? HOA Age Restrictions and FHA Proscriptions

Restrictive covenants in homeowners’ associations are not unusual—nearly every community has them. For homeowners, the restrictions are something of a trade-off. You accept a limitation on how you can use your property because, if everyone else in the community does, too, the neighborhood as a whole will be better off. ‘If we all agree to keep our yards well-maintained and our houses painted nice-looking colors, we all benefit from a more attractive neighborhood with higher property values.’ Courts view HOA restrictions along the same lines as any contract and presume the restrictions are enforceable unless there’s a specific reason why the restriction should not be enforced.

Deed RestrictionsChristopher R. Moore, Esq.October 6, 2019FHA, Age Restrictions, Discrimination

Pleasant Pastime or Privacy Peril? Piloting Drones in HOA Communities

For community associations, the challenge is to craft an unmanned-aircraft policy that balances the interests of amateur drone operators against the rights of their neighbors. On one hand, drones unquestionably offer many practical advantages, and piloting a drone can be a fun and rewarding hobby. On the other, homeowners have a right to a safe and nuisance-free community where they can enjoy their property and families without any unwarranted intrusions—whether by man or machine. It can be tricky to find that cozy middle ground, but doing so gets easier if you know a little more about the positives and negative aspects of drones.

Deed RestrictionsChristopher R. Moore, Esq.September 23, 2019Drones

Condominium Associations: Know What You're Getting Into When You Buy a Condo

Condominium living can be a great experience. You get the community feeling of an apartment complex with the financial benefits of homeownership. But before purchasing a condo, you need to know what you’re getting into. Condo associations offer tangible benefits and services to their members, but members also owe certain obligations to the association and duties to their neighbors. Of course, condo associations are not all the same, and the legal framework governing condominiums varies from state to state. In general, though, there are a few important principles every condo owner or prospective purchaser should keep in mind.

Community LivingChristopher R. Moore, Esq.August 7, 2019Condominium

Voting and Elections In Community Associations

Voting rights and procedures for members of a community association are extremely important as the right to vote for the Board of Directors and other important issues that affect a member’s ownership and use of his or her property are central to an HOA members fundamental interest. Thus, members of homeowners’ associations should familiarize themselves with the applicable bylaws and rules of the community so that the processes and procedures are known and understood. This knowledge will prepare members to vote on important issues with a clear understanding of the processes involved.

Meetings & ElectionsLynn M. Smith, Esq.July 17, 2019Rules of Order, Notice, Voting Methods, Quorum

Tips to Prevent And Resolve Conflict Between Board Members and Homeowners

An elected HOA board is tasked with general administration and operation of the association, including enforcement of covenants, restrictions, and rules. When running smoothly, a board serves a valuable purpose in the community, helping to maintain an orderly, peaceful neighborhood. Unfortunately, though, friction between an HOA board and individual members, or even among board members, is not uncommon. And the resulting conflict can lead to litigation and other unpleasantness.

Freedom in Associations: Exercising Free-Speech Rights in an HOA

Freedom of speech is perhaps the most cherished and most important protection provided by the United States Constitution. The delegates to the Constitutional Convention viewed citizens’ right to speak their minds without fear of government retribution as so important that “freedom of speech” is enshrined in the very First Amendment of the Constitution. Indeed, many Convention delegates refused to ratify the Constitution absent an unqualified guaranty that the new government would be forbidden from “abridging the freedom of speech.”

Deed RestrictionsChristopher R. Moore, Esq.June 10, 2019Free-Speech, Flags, Signs, Discrimination

A Guide to Understanding Encroachment in HOA Communities

One of the issues faced by homeowners living in communities governed by homeowners’ associations is the issue of when either the association itself or another homeowner encroaches on the homeowner’s property. This article is designed to give basic information to homeowners living in these private communities concerning how issues of encroachment affect their use and enjoyment of their property. One thing is imminently clear about case law involving encroachments in HOA communities – this is that disputes of this nature spin out of control and take on a life of their own which can be long, drawn out and expensive for all involved.

EnforcementLynn M. Smith, Esq.May 27, 2019Encroachment

HOAs and Group Homes: The Challenge of Developing a Fair and Compliant Policy

Zoning ordinances and HOA covenants often disallow commercial uses of properties in residential areas. A group home that accepts payments for services provided at the home is almost certainly engaging in commercial activity. But, although the plain language of an ordinance or covenant might appear to prohibit such a group home, federal law forbids state and local governments or HOAs from impeding certain protected uses (more on that later). Importantly, there are different categories of group homes, and the laws protecting each home depend in large part on what kind of home is involved.

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