Rules and Regulations


2017-2018 LEGAL UPDATE

Every year new legislation and precedent-setting case laws impact the way Association’s are governed. At PMP we’re committed to ensuring our Board Member clients have the knowledge and tools necessary to effectively meet their fiduciary obligations and properly serve their Association. Below is a brief overview of some of the new legislation impacting Associations in 2018. For a more in-depth

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Neighbor-to-Neighbor Disputes: Doing Nothing May No Longer be an Option New HUD Rule Changes How HOA’s Address Neighbor Disputes

Historically, Associations have avoided interjecting in neighbor-to-neighbor disputes. Heavy walking, surround sound systems, loud voices and slamming doors were just a few of the commonly voiced resident complaints, and up until now, the response from most Association Boards was that the residents must settle these matters amongst themselves. Effective October, 2016, The Department of Housing and Urban Development (HUD) issued

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Can homeowners associations stop noisy retailers?

I live in a community adjacent to a small commercial center with several retailers, including a dry cleaner and several restaurants. The dry cleaner is a fairly new tenant and the noise of the machines creates a nuisance during daytime hours. One of the restaurants has a bar that is open really late on the weekends, creating a nuisance at

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Better to submit to review process

I recently moved into a new community and I am in the process of working with landscape architects to redo my front yard.  Our association has a review and approval process before we can make any changes to our property, but the application is long, complicated and requires that I get my neighbor to approve the design first.  My neighbor

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My HOA needs some help with its pool security

DR. HOA, On Memorial Day weekend, there was an incident at our community’s pool: Two adult men who were blatantly intoxicated got into a fist fight, and the police had to be called to break it up. Our association’s answer was to hire full-time security to harass residents who use the pool by checking identification to make sure we live

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Negotiating association rental restrictions

Dr. HOA, I have lived in my townhome for nearly six years, and the association board is trying to implement new CC&Rs that will not allow us to rent our units. My fiancé and I are looking to move into a house to start a family, but with the state of the current real estate market, it does not make

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Can HOAs just lock out homeowners from the pool?

Dr. HOA, Last weekend, I tried to take my kids to our community pool, but our card readers did not work. I called our management company, and it told me that our card readers were turned off due to delinquent dues and fines for breaking the rules. I am a few months behind on my dues, but I am working

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Can an HOA stop me from making ‘improvements’?

Dr. HOA, I live in a homeowners association that was created in the late 1980s. For years, the association landscape areas were meticulously maintained. But for the past five years, the slope behind my home has not been maintained properly. Fed up with dying trees, dead bushes and overgrown groundcover, I hired a landscaper to remove the dead trees, trim

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Can association say “bah humbug” to my decor?

Dr. HOA, I installed Christmas lights and decorations, and I received a threatening violation letter stating that if I did not remove the lights and decorations from my balcony and front-yard area that I would be fined and the association would remove everything at my expense. Are they allowed to forbid me from putting up Christmas decorations and would they

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Can my HOA interfere with my satellite?

Dr. HOA, I recently had a satellite dish installed at my condominium, and I received a letter from the HOA stating that it was installed illegally and it must be removed. I thought there were federal laws that protected my rights to install a satellite dish on my property. There are other satellite dishes in the community. Can they single

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