Enforcement: Might a Local Ordinance Help Your Community Association?

What can an HOA or condominium association do when activity is occurring within the community that appears to be objectionable, but which is not specifically addressed in the Declaration of Covenants, Conditions, and Restrictions or other association governing documents? The clear answer, if the association wants enforcement power, is to amend the governing documents by following the proper procedure. Vague restrictions are difficult to enforce, and we always recommend amending governing documents to make restrictions as clear as possible. Unfortunately, as most association members are aware, the amendment process can take some time. What if the objectionable activity needs to … Continue reading

Communities for Those 55 Years of Age or Older

Recently we have been approached by multiple associations inquiring about making their housing community one that is restricted to those residents that are 55 years of age or older.   The ability and requirements for establishing or becoming a housing community for those 55 years of age or older is governed by the federal Housing for Older Persons Act (HOPA).  The Act applies to homeowners associations and condominium associations that wish to impose this type of age requirement.  HOPA is an exemption to the Fair Housing Act (FHA) which prohibits discrimination in housing-related transactions based on race, color, religion, sex, national … Continue reading

Purchasing a Dental Practice? Things to Consider

Whether you are a recent Dental School graduate, will be graduating in the near future, or have been working for some time in another practice, the decision to purchase an established dental practice may be your biggest career decision. It is important that you do your homework and assemble a competent team of advisors, such as an experienced CPA and attorney, to help make sure that you have a successful transition into owning your own business.  The following is a list of items to consider in the purchase process: Finding the Practice: Before you ever approach your attorney about purchasing … Continue reading

Pet Patrol: Can Homeowners Associations and Condominiums Restrict or Prevent Pets in a Community?

We all love our pets, and most consider them part of our families. However, homeowners may be surprised to learn that their Association may be able to restrict the number, type, or breed of pet allowed in their community.  With certain limitations, the presence of pets or other animals may even be prevented altogether.  While some, including myself, may choose not to live in a planned community with these type of restrictions, there may be perfectly good reasons for their implementation, including prevention of pet waste on common areas, damage to Association property, and increased liability. In order to restrict … Continue reading