Contractual Considerations for Short-Term Rentals

Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future litigation. A well-written Lease can serve to facilitate friendly, productive, and profitable landlord/tenant relationships.   Read the article………………………..

How To Handle Neighbor Disputes In A Fair Manner

Disputes are an inevitable part of living in communities. When people live near each other, they are bound to disagree occasionally. As an association board member knows, disagreements between residents and the board happen often. However, disputes between neighbors are even more common.   Read the article………………………..

How to Keep Owners Engaged in the HOA

Owners make up the heart of any HOA. They elect the board of directors. Their HOA fees fund community projects. They provide a volunteer workforce for the community.  The owners in your HOA are extremely important. The following are some tips to keep them engaged and active in the community.     Read the article………………………..

How to Get Your Residents to Take Pride in Their Community (MO)

As communities get larger and residents become more isolated from one another, fostering community pride can be a challenge. Even small communities struggle to get residents to take pride in their community. This, of course, does not mean that residents dislike where they live. But, they may not feel as invested in the community as […]

Association Not Liable for Injuries from Accident on Owner’s Lot (MO)

Michael Reddick filed a wrongful death lawsuit against his parents (the owners of the property where he lived) and the neighbor in 2017. Reddick alleged that his wife fell off an unguarded three-foot high retaining wall on the night of December 30, 2016, while walking her dog, causing her death.  Read the article………………………..

How stay-at-home orders affect your homeowner and condominium association clients (MO)

On March 21, St. Louis County and St. Louis City issued stay-at-home orders in response to the global COVID-19 health crisis. The COVID-19 pandemic has challenged — and will continue to challenge — the usual functioning of communities, such as conducting annual and board meetings, holding elections, ratifying budgets and other typical business processes.  This […]

When a resident is encroaching on HOA common ground (MO)

Most communities in Missouri that are managed by homeowners associations have some areas of common ground. This is ground technically owned by the HOA and is for the enjoyment of all community members. Unfortunately, sometimes HOAs have to deal with residents encroaching on common ground. What can HOA boards do when this happens?  Read the entire […]

What to do when residents want to change association bylaws (MO)

Running a homeowners association is not an easy thing to do. It is impossible to keep all residents happy all the time. In fact, some HOAs in Missouri may find themselves dealing with residents who want to change certain things, such as the bylaws. How can a situation like this be handled?   Read the entire […]

How to utilize special assessments (MO)

Homeowners associations in Missouri and elsewhere utilize collected fees to keep up community property. Unfortunately, there are times when those fees do not cover all community expenses. If allowed under community bylaws, special assessments may be collected to make up for any budget shortfalls — usually caused by the need for repairs or special projects.  […]

Three ways to enforce HOA rules and regulations (MO)

Homeowners associations exist to keep residential areas safe and looking their best. Unfortunately, not all residents of neighborhoods with an HOA agree with all of the rules and regulations, or they may be unaware of specific rules because they failed to read the community covenants, conditions and restrictions declaration given them upon move-in. When a […]

Openness may help prevent HOA legal fights (MO)

Like individuals, the boards of Home Owner Associations can have distinct personalities, interests, strengths and weaknesses. Some play well with others and stay out of trouble, while others might always be entangled in conflicts.

What does a Homeowners Association regulate? (MO)

In Missouri, many neighborhoods have a Homeowners Association (HOA). These associations help keep communities coherent, manage funds, and can even determine the outward appearance of a neighborhood. Unfortunately, because HOAs essentially “manage” the neighborhood, you could find yourself running into disputes with your resident homeowners if you are part of it.   Read the entire article……………………………….

Can Your Homeowners Association Limit Owners’ Display of Political Signs? (MO)

As Americans, we cherish our First Amendment rights – chiefly among them, our freedoms of speech and expression. In November, for many that includes the freedom to express their political beliefs. As recent news stories have shown us, homeowners are willing to go to great lengths to express themselves, especially when they feel their rights […]

Looking to Go Green? You May First Need to Check with Your Homeowner’s Association

If you live in a subdivision, your property is likely governed by a homeowner’s association (HOA) and a written declaration of covenants, conditions, and restrictions regarding the use, condition, and overall appearance and aesthetic of your home (“Declaration”). As the below case illustrates, alterations to your property may be prohibited by or require prior approval […]

Association Required to Provide Names and Addresses of Delinquent Owners

The Kansas Court of Appeals held that Kansas law requires a homeowners association to disclose the names and addresses of delinquent homeowners. Although this case was decided in Kansas, it could be an indication of how a Washington court might decide a similar issue.   Read the article………..

CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]

Amendments to Subdivision Indentures; A Tricky Business of How Far Is Too Far (MO)

Quite frequently, the homeowners association (“HOA”) of a subdivision will want to amend, remove or add provisions to the governing documents, generally called an indenture, restrictive covenants or covenants and restrictions. Changes can be relatively minor, from changing the date of the annual meeting (please, do not schedule for the last day of October, Halloween, […]

The Door of Shame

Thinking about labeling your delinquent owners with a scarlet “D”.  It’s a risky business

From Good to Great: Principles for Community Association Success

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also cultivate  a true sense of community,  promote active homeowner  involvement and create a  culture of […]

HUD charges Pevely condo owner with violating Fair Housing Act

The U.S. Department of Housing and Urban development announced Wednesday that it filed a complaint against the owner, architect, builder and designers of the 36-unit Valle Creek Condominiums at 8011 Valle Creek Parkway in Barnhart, Mo., for violating the Fair Housing Act.  Read More……

Why you need to pay attention to the money

David M. Ketchmark, Acting United States Attorney for the Western District of Missouri, announced that the owner of a Kansas City, Missouri business was sentenced in federal court today for embezzling more than $750,000 from dozens of homeowners associations. Dale Palmer, 54, of Kansas City, Missouri, was sentenced by U.S. District Judge Nanette K. Laughrey […]

Introduction to Community Association Living

Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center for Community Association Volunteers’ (CCAV) Community Volunteer Leadership Development Program – offered online or by […]

So Now You’re On the Board

The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]