ASSOCIATIONHELPNOW

Michelle Tomko

Do Your Pool Rules Violate the Fair Housing Act?

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In a perfect world, associations want to make all of their residents comfortable. To that end, it can be tempting when establishing a pool schedule to consider age- or gender-specific hours and/or considerations to reflect the demographics and comfort levels of residents. However, associations nationwide must be careful when adopting any age- or gender-specific hours or considerations or risk finding themselves in court. 

 

The importance, and meaning, of the Marie Curto, et al. v. A Country Place Condominium Association, Inc., et. al. case cannot be ignored or overlooked.  Ms. Curto and others, as plaintiffs, claimed that separate hours for men and women violated the United States Fair Housing Act (FHA). The association contended that a majority of the units were occupied by those practicing Orthodox Judaism, who strictly separate by gender during public swimming. The plaintiffs were assessed fines by their association each time they used the pool in discordance with the posted swim schedule and rules. However, the plaintiffs’ motion for damages was denied because, although the gender-specific swim times were separate, they were equal, and therefore not in violation of the FHA.

 

Attorney David J. Byrne from Ansell Grimm & Aaron, PC in Princeton, New Jersey explained what the FHA is and how it applies to association pool rules. [Read more…] about Do Your Pool Rules Violate the Fair Housing Act?

When the Association Becomes Landlord — 
Understanding Rent Receiverships

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 By Michelle Tomko

In a perfect world, associations are not supposed to be landlords. But things happen. People lose their jobs, owners pass away leaving their units in limbo, and global events such as the Great Recession can even impact the financial well-being of owners. These types of events can all cause properties in an association to be abandoned. When this happens, what is an association to do? Often the right move is for the association to request a receivership.

[Read more…] about When the Association Becomes Landlord — 
Understanding Rent Receiverships

Stream of Conscience “Sorting Out” Single Stream Recycling

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By Michelle Tomko

Most communities are interested in doing the right thing when it comes to recycling. But figuring out what the right thing is can be a bit confusing. Which container does this go in? Can this be recycled? What does that symbol on the bottom of my milk jug mean again? [Read more…] about Stream of Conscience “Sorting Out” Single Stream Recycling

Should Associations Become Involved in Municipal Politics?

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By Michelle Tomko

If you have ever served on an association board, you know that nearly any situation, regardless how minor it may seem, can become political. In associations, political factions have been born over such issues as what color to paint the clubhouse card room. If that isn’t bad enough, communities also need to deal with their own town politics – which can affect residents in an association. Whether it’s new construction of a café or ball field that affects quiet enjoyment, or a potential danger to the community due to a variance or change in traffic rules, to a heated political campaign that can be divisive, communities are faced with challenges brought by their local governments. Although associations are their own entities, they are certainly not like islands, completely separate from their municipalities. [Read more…] about Should Associations Become Involved in Municipal Politics?

Construction Defect or Maintenance Issue? What to Do When Your Caulk Balks

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By Michelle Tomko

It’s hard to imagine a building of any size without some kind of issue. Cement cracks. Water finds a way in. Stains form. But, when you notice things aren’t exactly in plumb shape with your association, how do you know if that’s regular wear and tear or a construction defect? In other words, should you be settling for the house settling? To figure this out Lynn A. Voorhees, Director of Community Association Services at DW Smith Associates answered questions about construction defects.

[Read more…] about Construction Defect or Maintenance Issue? What to Do When Your Caulk Balks

Flood Insurance Update – 
What to Do With the New Wave of Information

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By Michelle Tomko

Living by the water has many rewards. But like most things in this world, those beautiful sunrises and long walks on the beach come at a premium – a flood insurance premium to be exact. Additionally, residents can find getting the right type of coverage from the right carrier isn’t always cut and dry. [Read more…] about Flood Insurance Update – 
What to Do With the New Wave of Information

Behind Closed Doors – 
Executive Session Explained

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Everyone who lives in a condominium or homeowner association knows that board meetings are no picnic. They can be confusing, loud and even get a little heated. However, some people may not know that the board also meets privately in executive session. Although this may seem secretive, it is necessary to keep the board, and board meetings running smoothly and it is necessary for certain legal reasons. [Read more…] about Behind Closed Doors – 
Executive Session Explained

It’s Getting Easier Being Green

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Going green is definitely a topic that community associations are discussing these days. But as with most improvements, there is a cost involved. Weighing the benefits against the learning curve of new technology and the financial burden of taking the leap can be a daunting task. So to explain some of the options that associations have when it comes to going green, Mitch Frumkin, president and founder of Kipcon Engineering headquartered in North Brunswick, New Jersey, with offices in Pennsylvania and New York, answered some questions about what it takes to make the switch. [Read more…] about It’s Getting Easier Being Green