community association disputes Tag Archives

November 20, 2022

Firm’s Latest Miami Herald Column by Evonne Andris: “Response to Negative TV News Report by HOA Shows How It’s Done”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest Miami Herald “Real Estate Counselor” column is authored by partner Evonne Andris and appears in today’s edition of the newspaper. The article, which is titled “Response to Negative TV News Report by HOA Shows How It’s Done,” focuses on a recent case from San Antonio, Texas, involving a homeowner’s car that was wrongfully towed by her HOA. As often happens in such instances of community association missteps, the homeowner responded by reporting the incident to her favorite local TV news station. Evonne’s article reads:

. . . “We looked into the claim,” begins the story from KENS 5, the city’s CBS affiliate. Jennifer Holmquist tells the station her son’s car was suddenly gone from their driveway, and they were about to report it stolen when they learned it had been towed by the Mountain Lodge Homeowner’s Association with no advance warning.

“Nothing on the door, no phone call, no email,” she complains to the reporter. She also bemoans that she was told by the towing company it would cost $300 to get the car back.

In similar situations of community association disputes across the country, what typically follows is an account of how the reporter attempted to get a response from the association, but none was forthcoming. In some cases, the journalists receive a written response from the association’s attorney that defends its actions and holds firm that they were in accordance with the community’s policies and regulations.

However, when the acts taken by an association are in error, simple no comment responses or those focusing on community policies and regulations may not be the best position to take. Such cases highlight the importance of a well thought out response. In this situation, it was verified that the removal of the vehicle on the community’s behalf was the result of a miscommunication with the HOA’s towing company, so the association and its board of directors had a decision to make.

October 9, 2022

Miami Herald Real Estate Column by Nicole Kurtz: “Community Association Disputes? Here’s How to Minimize and Avoid Them”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest “Real Estate Counselor” column in the Miami Herald is authored by shareholder Nicole R. Kurtz and appears in today’s edition of the newspaper. The article, which is titled “Community Association Disputes? Here’s How to Minimize and Avoid Them,” focuses on the most common types of association clashes, the damage they can do, and some of the best approaches for associations to steer clear of them. It reads:

. . . [F]or most communities to realize the benefits that stem from effective association oversight, some disputes are inevitably bound to arise from time to time. Some of the most typical association clashes involve:

Matters arising from compliance with state laws and municipal regulations;

Financial issues, including collections, special assessments and reserves;

Rule enforcement, including violations, suspensions and fines;

Architectural review applications and decisions;

Amendments to governing documents;

Maintenance of community amenities, and rules governing their use;

A perceived lack of transparency, including ineffective communications of association rules, changes and operational procedures to owners and residents;

Seemingly inadequate responses to residents’ concerns and complaints;

Meetings and their discussions, agendas and notices;

Devising, implementing and enforcing new rules and restrictions;

Renovations and alterations to the common elements or common areas;

Maintenance of the common elements and areas;

Board of director election irregularities and concerns;

Vendor contracts.

The most effective community association boards of directors understand their business decisions will inevitably lead to disputes from time to time, but they should seek to avoid perceived minor or frivolous disputes whenever possible. They should also try to minimize or avoid significant disputes that may negatively impact the association’s operations and sow discord within the community.

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February 7, 2022

Homeowner’s Lawsuit Against HOA for Libel, Defamation Illustrates Dangers of Conflicts Getting Personal

by Nicole R. Kurtz

Nicole R. Kurtz

When disagreements and disputes arise amongst those who serve on community association boards of directors, emotions can run high in light of the impactful nature of the decisions made by such directors. However, as association directors are duty bound to act in the best interests of their community and its owners, they should seek to avoid engaging in personal spats and attacks with one another and the owners that could lead to potential legal liabilities for the association.

One of the best examples of the dangers of public rows between association directors and unit owners is now playing out at the Porta Bella Yacht and Tennis Club in Boca Raton (pictured below). As chronicled in a recent report from www.BocaNewsNow.com, homeowner Samuel Loff filed a lawsuit against the association premised upon an allegation that its board members made inappropriate and inaccurate accusations against him as part of a retaliation campaign.

The lawsuit alleges that the community’s board of directors retaliated against Loff for an email that he sent to them complaining about security shortfalls and announcing his candidacy for a board seat. Shortly after his email, the suit alleges that the board began accusing him of making unwanted advances to a female security guard, and it later put those accusations in writing via an email distributed to all the unit owners.

October 1, 2020

Article by Firm’s Christyne Santisteban in Today’s Daily Business Review: Tennis Court Argument Snowballs Into $7M Federal Discrimination Suit Against HOA

by Siegfried Rivera

Siegfried Rivera

An article authored by the firm’s Christyne D. Santisteban is featured as the “Board of Contributors” expert guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. The article, which is titled “Tennis Court Argument Snowballs Into $7M Federal Discrimination Suit Against HOA,” discusses how associations must be prepared to address and resolve disputes among unit owners over shared amenities and other matters by using a set process that typically includes letters from the association’s attorney, impartial board/committee meetings and hearings, and possibly also reasonable fines and suspensions. Otherwise, these skirmishes could snowball into potentially dangerous confrontations that may expose associations to severe legal and financial liabilities, as a recent federal lawsuit with shocking allegations of discriminatory conduct illustrates. Her article reads:

. . . The recent suit involves allegations of horrid discriminatory conduct and statements against homeowners Jeffrey and Deborah LaGrasso at the Seven Bridges community in Delray Beach, Florida. It seeks $7 million in compensatory and punitive damages from the community’s HOA and Rachel Aboud Tannenholz, who allegedly engaged in harassing behavior that included phone calls, text messages, personal visits to the plaintiffs’ home, and discriminatory posts on Facebook. The suit alleges the HOA and Tannenholz violated the federal Fair Housing Act by inflicting discriminatory behavior based on the LaGrasso’s religion and intentionally causing them emotional distress.

April 1, 2019

Laura Manning-Hudson Quoted in The New York Times: “When Condo Boards and Residents Clash, Legal Bills Mount”

by Siegfried Rivera

Siegfried Rivera

Our firm’s South Florida community association attorneys are often called upon by journalists for their insights into the issues impacting condo communities and HOAs. When The New York Times “Wealth Matters” columnist Paul Sullivan decided he needed to turn to a highly experienced community association attorney for input for a major article on association living, he called on shareholder Laura Manning-Hudson in our West Palm Beach office.

Paul’s article, which is titled “When Condo Boards and Residents Clash, Legal Bills Mount” and appeared in the Your Money section on Saturday, March 30, 2019, focuses on some of the most common issues that can cause disruptions and financial strains for community associations. It reads:

My mother-in-law recently regaled me with a tale of intrigue, money and power in her South Florida homeowners association.

Seeking to raise about $6 million to refurbish the 20-year-old community, the association’s board had voted to assess each homeowner $7,000. But a group of vocal residents fought back, setting up a power struggle.

This conflict is nothing new to anyone who has dealt with a condominium board or homeowners association, which has well-defined obligations to the residents. As the overseer, it hires workers to cut the lawn, take out the trash, clean lobbies and common areas and maintain pools, tennis courts, golf courses and other amenities. If the elevator breaks or the roof leaks, the board gets it fixed.

But if it wants to do something cosmetic — renovate the lobby, add pickle ball courts or install a fitness center — the board needs to put its idea to a vote of the residents.

The article continues:

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