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.
Read MoreAs part of the Fair Housing Act, Congress granted the Department of Housing and Urban Development (HUD) the authority to adopt rules to meet the statute’s objectives. In October of 2016, the department completed the formal rulemaking process and published the final rules that are now law. One of the new rules codified by HUD can potentially significantly affect the number of harassment claims an HOA will face. Today we will focus on what might be the most significant new rule: liability for discriminatory housing practices, found at 24 C.F.R. §100.7(a)(1)(iii).
Read MoreWe all have what we like to think is a general understanding of the basic elements of Homeowners’ Association—there is a president, a board, and a set of rules that these nice people are entrusted to enforce. And the cursory understanding of these elements of an association are perfectly fine, until something happens. Upon the formation of a dispute between a homeowner and a homeowner's association, these seemingly innocuous details will suddenly be anything but.
Read MoreThis article will help elucidate what the law requires of an association Board with respect to its obligations toward homeowners. There are three broad categories of fiduciary duties of association Boards that we will discuss: the duty of care, the duty of reasonable inquiry, and the duty of good faith. With each topic, we will first explain general concepts then delve into examples for clarification. These rights for homeowners derive from old English common law (meaning that this law has grown over time through court decisions), but today almost every state has codified these rights into state statutes.
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