A recent opinion out of Florida’s Third District Court of Appeal stresses the importance to read, understand, and follow community association governing documents before initiating any amendments that alter the substantive...more
Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association...more
Assessments are the lifeblood of any condominium or homeowners association. To run properly, community associations must maintain strong financials. Associations must ensure that unit owners pay their assessments on time and...more
This year at the 2023 Community Associations Institute (CAI) Law Seminar in New Orleans, Louisiana, one breakout session focused on Boards of Directors conducting Association business electronically through various modern...more
All community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is necessary on an annual basis to elect the...more
Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events. How communities deal with these problems was the focus of Ward and Smith's latest...more
A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more
The Texas Property Code allows developers and their attorney wide discretion on the types of provisions that may be set forth in a set of governance documents for a community. In our experience, we have noticed that many...more
The 2021 Texas Legislative Session has come to an end and a few changes are coming for planned communities. Compared to the 2019 Legislative Session, 2021 was more active with approximately thirty bills filed that would have...more
Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions, and restrictions - commonly referred to as the...more
From the date of creation until death, a community association requires funds to operate. Operational funds for the association are obtained through assessments levied by the community association, but only as homes are built...more
The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium. When the developer declares land to restrictions described in a "Declaration" for a planned community or a...more
People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the monument signs leading into the community. But at their best,...more
Nearly 30 percent of North Carolina's population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among the general population about the nature of community...more
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. When that happens, there are a number of basic but important "to-do's"...more
The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be...more
North Carolina has the third most planned communities in the United States after California and Florida. All of these planned communities typically evolve in a similar three-step process. First, a real estate developer...more
Congratulations! You just purchased your first home in a planned community and became a member of a community association... So now what? You have automatically become a member of the association within your...more