Christine F. Li, Esq.
Greenbaum, Rowe, Smith & Davis LLP
Martin C. Cabalar, Esq.
Becker & Poliakoff LLP
Scott Penick, Esq.
McGovern Legal Services, LLC
Mary Wynn Seiter, Esq.
Buckalew Frizzell & Crevina LLP
Jason Sena, Esq.
Cutolo Barros, LLC
For those serving community associations, there are many more questions for legal counsel than there are answers. Besides handling the personalities and emotions behind disagreements that arise from our communities, what is the legal foundation for handling those issues?
Here are some of the issues that the panelists will try to reconcile with typical provisions in governing documents and common principles of statutory and case law. You’ll also be able to bring your own issues to the panel.
· In an age of short term rentals, how can an association control advertising on websites, such as Airbnb, and the revolving occupancy of units?
· The community’s governing documents clearly state “no pets allowed” or that they are to be limited. Why are residents allowed to have dogs, cats and peacocks? What should the Board do to address the complaints of residents about emotional support animals?
· What can a board do with an owner who opposes everything the board does – at board and membership meetings, in constant letters to the association’s lawyer and property manager, and on social media?
· Owners display items on their doors or exteriors of their home, sometimes ethnic and religious displays, or conduct practices, such as the burning of incense as part of ceremonies. How should the association respond to complaints?
· Does he just have an annoying personality or does his conduct amount to hostile environment harassment under the new HUD regulations? What are the association’s obligations?
· The owner’s insurance vs. the association’s insurance -- that oriental carpet got ruined because the roof leaked. Who’s to pay when causation, claims and coverage cross?
· Is the neighbor next door really a nuisance or do you have an “eggshell” owner in your community? What should the association do with complaints about cooking smells, smoking (cigarette and marijuana, if legalized), noise, etc.?
The questions go on and on.
Property managers, board members, lawyers and other community association professionals are invited to join in the discussion at this program. This will be an interactive program. Before the date of the program, you can email your questions to info@cainj.org or bring them with you to the program. This panel will give you their insight and look for your thoughts.
Handouts & Additional Materials:
Legal Forum Program.pdf
Jason N Sena, Esq.pdf
Scott K Penick, Esq.pdf
Martin C Cabalar, Esq.pdf
Mary Wynn Seiter, Esq 1.pdf
Mary Wynn Seiter, Esq 2.pdf
Mary Wynn Seiter, Esq 3.pdf
Mary Wynn Seiter, Esq 4.pdf