Reminders for Condominiums and Homeowners’ Associations: People Coming Out of Their Homes Edition

April 26, 2021
Aaron S. Marines

Now that the weather is warming, residents are taking to the sidewalks, walking trails and open spaces of their Community Associations.  Here are some reminders for property managers and board members.

Homeowners’ Associations are not required to protect residents from dogs

With everyone out walking their dogs and children soon to be out of school, Associations often ask if they are required to make rules and regulations to control dogs.  Associations are not required to protect residents from other people’s pets.

But, if the Association does create rules and regulations to control dogs, it needs to enforce them.

Cookouts, graduation parties and arguments between neighbors – How Alternate Dispute Resolutions can help

Associations probably should do more to encourage Alternate Dispute Resolution if there are disputes between residents.  Often a little bit of conversation works much better than a raft of angry emails.

Neighbors fighting neighbors – When the Association can be liable and needs to step in

This is another reminder of HUD’s Rule that could make a Community Association liable when one of its residents harasses another resident.  If a unit owner harasses another resident because of a characteristic that the Fair Housing Act protects, the Association itself can be directly liable for the FHA violation.

The Association can be liable if they knew about the harassment, they had the power to correct the harassment, and they failed to do so.  Whether an Association has the “power to correct” depends on the problem and the Community’s governing documents.

Summer travel means short-term vacations rentals

Concerned about the neighborhood being overrun by Airbnb, VBRO, Home Away, etc.?  Your Community’s Governing Documents might prevent short-term rentals.  And if they do not already, they can be amended to prevent them in the future.

Need advice on any of these issues? We’re here to help.