News & Analysis as of

Homeowners Association (HOA) Common Areas

Winstead PC

Court Held That Deed For Common Area To Homeowners’ Association Did Not Create A Trust For The Members

Winstead PC on

In BLF LLC v. Landing at Blanco Prop. Owners Ass’n, member of a home owners association sued to prevent the association from selling certain common area property. No. 03-22-00423-CV, 2023 Tex. App. LEXIS 9300 (Tex....more

Dunlap Bennett & Ludwig PLLC

Condominium & Homeowner’s Associations FAQS

How can an HOA tell me what to do? HOAs and condo associations are created when the property and community are first being developed. Before the developer sells the first property, documents are recorded with the local city...more

Amundsen Davis LLC

Backyard Event Rentals: Problems Posed for Homeowner Associations

Amundsen Davis LLC on

Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for...more

Amundsen Davis LLC

Common Considerations for Homeowner Associations Regarding Short-Term Rentals

Amundsen Davis LLC on

Short-term rentals have become a popular way for homeowners to earn extra income when they are away from their property. Websites like Airbnb and Vrbo have made short-term rentals easy and accessible....more

Baker Donelson

Maryland General Assembly Passes Bill Requiring Reserve Studies

Baker Donelson on

The Maryland General Assembly has passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Under House Bill 107, the...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 2: FHA Considerations

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Part one of this series article addressed whether homeowners associations are required to allow support dogs in common areas where dogs may otherwise be prohibited. This article will address whether homeowners and...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 1: ADA Considerations

Amundsen Davis LLC on

Most residential homeowners and condominium associations have restrictive covenants or rules regulating the size, number or types of pets owners may keep in their residences. Some associations may prohibit pets in the common...more

Woods Rogers

Spring Cleaning For Virginia Community Associations Top 10 Policies and Procedures

Woods Rogers on

The pandemic that took hold in 2020 created uncertainty and required community associations to adapt to new norms and its policies and procedures.  The country looked forward to a new year with new hope.  A new year usually...more

Woods Rogers

Circuit Court Upholds Rule Requiring Residents to Sign Assumption of Risk Form As a Condition to Using Certain Common Areas During...

Woods Rogers on

A Charlottesville Circuit Court held that a rule promulgated by a Virginia property owners’ association requiring residents to sign an assumption of the risk form prior to using certain common areas was reasonable.  See...more

Burr & Forman

South Carolina Homeowners Association Responses to COVID-19 – Operation and Use of Common Areas/Facilities

Burr & Forman on

We previously provided this attached update discussing issues for HOAs to consider in determining whether a community can limit access to roadways, bike paths and/or leisure trails that provide access to the community, in...more

Ward and Smith, P.A.

They Are Taking Our Common Area!

Ward and Smith, P.A. on

The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose....more

Ward and Smith, P.A.

We Want Our Neighborhood Back: A North Carolina Homeowners Association's Guide to the Use and Enforcement of Rental Restrictions

Ward and Smith, P.A. on

Lending you a cup of sugar, offering to watch the kids, or grilling out on a summer afternoon— whatever the activity, our neighbors are a key part of what makes our communities familiar and unique. Neighbors help make a...more

Ward and Smith, P.A.

Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities

Ward and Smith, P.A. on

In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act ("Act") as Chapter 47F of the North Carolina General Statutes. The Act was intended to establish certain rights for property...more

Jaburg Wilk

Because It’s The Rules

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There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are...more

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