HOA Law Blog

Blog posting by David Swedelson, Senior Partner, SwedelsonGottlieb

As community association attorneys, we are often asked to assist boards and management in dealing with disputes between homeowners. We have seen disputes over view obstructions, dog waste or barking, noise issues from hard surface flooring or too many parties. Usually, we are asked to referee what usually amounts to a war of words. Sometimes, tempers flare and one neighbor may take what they think is justice into their own hands. But infecting their neighbor’s yard with insects is a new one. That’s what one owner in Florida is accused of doing.

In a story reported by the Palm Beach Post, a Palm Beach County sheriff’s deputy is being accused of using his training to thwart agro-terrorism to destroy his neighbor’s yard with chinch bugs. The bug invasion, which destroyed the nearly one-acre yard in The Acreage, is one of numerous tactics Detective Terrance Senecal has used to harass his neighbors, according to a lawsuit filed this week in Palm Beach County Circuit Court. The Acreage sounds like the name of a planned development; wonder what the homeowners association is doing about this situation?

By David Swedelson, Senior Partner, SwedelsonGottlieb

There is an old saying that the three big “issues” at community associations are people, pets and parking. Some may disagree, but the fact is that pets are often an issue. And when it comes to pets, and specifically dogs, dog poop or waste is often at the top of the list. We often get calls or e-mails from managers or board members asking our advice on how to deal with residents who fail to pick up after their dogs or complaints regarding same. This is not something they teach in law school.

Recently, a disgruntled owner at one association we represent was so unhappy about the dog poop allegedly being left on the common area grass in front of her condominium unit that she took the poop and wiped it all over an association monument sign (we have no idea what she used as the scraping implement; we are hoping it wasn’t her hands).
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By David C. Swedelson, Partner, SwedelsonGottlieb This article was prepared for a recent program that David spoke at dealing with rule enforcement.

There is no disputing the fact that serving on the board at any community association is time consuming and can often become frustrating. You have a multitude of issues competing for your attention – whether it’s adopting the budget, monitoring performance and renewing service contracts, insurance renewals, supervision/hiring and retention of employees or collecting delinquent assessments. In addition to running the association’s business, board members are also faced with the task of enforcing rules and regulations.
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Post by David Swedelson, Partner, SwedelsonGottlieb

We are often asked to assist California community associations dealing with unauthorized homeowner commercial activities when prohibited by the association’s governing documents. Usually, the issue is whether the commercial activity will or is impairing the residential character of the community.

So, for example, we have been called upon to deal with a hair stylist, an employment headhunter, a psychologist, and other service-oriented businesses that had a number of clients and/or employees coming into a gated community or locked building. Once, we dealt with a refrigerator repair service where customers were coming into the association to drop off or pick up their refrigerator. Another time, it was an auto repair business being run out of a garage. And of course, lately we have been dealing with more then one marijuana growing facility. You get the picture.