If your condominium association documents include restrictions on occupancy (how many people can reside in a unit), be aware of what the federal law states on the issue to avoid potentially costly lawsuits brought by disgruntled unit owners.

While it is legal for a condominium association to adopt and enforce occupancy policies, those rules (and enforcement of the rules) must be reasonable and in compliance with state laws and local ordinances. If they are not, the rules run the risk of being found discriminatory based on familial status under the federal Fair Housing Act. The act prohibits discrimination on the basis of (among other things) familial status, which means the presence of children in the family. Continue Reading Enforcing Occupancy Requirements in Your Condominium

Non-action may no longer be a safe choice. In October of 2016, the United States Department of Housing and Urban Development (“HUD”) added certain provisions to the Fair Housing Act (“FHA”) which impose additional liability for condominium associations, homeowners associations, and landlords based on non-action.

One of the main additions to the FHA was the inclusion of a prohibition of quid pro quo harassment. Under the new provision, it is illegal to request or demand conduct in exchange for the sale or rental of a unit or dwelling, the provision of services for a unit, or the terms or conditions of residing in a unit. Continue Reading FHA Update

My points below exaggerate problems that I commonly see, but the advice is sound:

  1. “Are your three brain cells still talking to each other?” Knowing how to deal with difficult people is a prerequisite to property management. Don’t aggravate a situation by making a challenging person even more difficult to deal with – this won’t solve the problem. Attempt to always maintain a professional, positive attitude. We all fail or become less than we want to be at times. Forgive yourself and others, but even in forgiveness bad actions by unit owners have consequences.
  2. “This is the insurance company/policy you should approve.” Property managers are usually not licensed insurance brokers or agents, and their recommendation may be wrong. Does your association insurance cover you for those types of opinions if they are wrong? Property managers can certainly identify options.  However, the Board, ideally on the advice of an insurance committee, should be deciding on the amount and types of coverage purchased. Continue Reading 6 Things Community Property Managers Should Never Say

If your Association is not facing this today, chances are, it will tomorrow. The law is trending across the country to allow more and more people to use marijuana legally—both for medical and recreational purposes. That can mean smoke and smells that other neighbors find to be a nuisance. What can an Association proactively do?

Continue Reading Marijuana Use in Associations – “Hey Man, It’s Medically Necessary”