What areas of law affect community associations?
There are many areas of law that that pertain to community associations. For example, your association must also comply with and be advised regarding the following areas of law:
Corporate Law
What constitutes a “breach of fiduciary
duty?” Can individual Board members be held liable
for their actions? How can Board members protect themselves
and their association from legal action?
Property
Law
What if the Association does not enforce its use restrictions?
Who has responsibility for maintaining common walls? What
are the association’s responsibilities if one neighbor’s
tree falls on another’s property? Can the Association
enter a homeowner’s property to fix landscaping
problems?
Premises Security Law
What if a homeowner wants to install security bars,
but they are restricted by the CCR’s? What responsibility
does the association have to warn homeowners if a sex
offender moves into the association? Is the association
responsible for damage caused to homeowners’ cars?
Contract Law
Can your association terminate a contract if
it is not happy with the quality of service it receives?
What problems can the association avoid by having an
attorney review its contracts?
Tort Law
What responsibility do Board members have if someone
is assaulted on association property? What responsibility
does the association have if an employee is injured
on the property? How can the association and Board members
avoid liability?
Construction Defect Law
What types of repairs should an association
expect to pay out of its operating fund? What types
of repairs should the builder be expected to perform?
Federal Law
What if a disabled homeowner requests a special parking
space? What accommodations does an association have
to make for disabled persons?
This is not an exhaustive list. It does, however, provide some idea of the legal issues your Association may need legal counsel to address.