Community Associations Blog

Welcome to the Turner Padget Community Associations Blog. This site is updated periodically by our firm’s community association lawyers in an effort to serve as a source for helpful information related to common issues faced by community associations, their boards of directors and management companies. Our community association attorneys understand the unique and complex issues faced by community associations, including homeowner’s associations and condominium regimes, and can deliver practical advice and solutions to help boards of directors and managers effectively deal with and resolve the issues they face on a daily basis.

Please return and visit this blog often, as it will be updated on a regular basis so that it can serve as an essential information hub for community associations. For more information, about the Community Associations blog and our team, please contact Shawn R. Willis.

What’s Really Covered Under D&O Policies?

Do you think all claims against a property owners’ association and its board members are covered under directors and officers (“D&O”) insurance policies? Think again.

Back Yard Fun Park

A homeowner in Omaha, Nebraska is in a bitter fight with his homeowners’ association about a “fun park” he built in his backyard. The Omaha World-Herald reported in January that Eric Marsh has sued a member of the board of directors of Fire Ridge Estate’s homeowners association seeking a restraining order, and the association has filed a separate suit against Marsh seeking an injunction. Both suits are centered on certain improvements Marsh made on a lot adjacent to his home.

Animal House

As cities, towns and suburbs increasingly encroach into the natural habitat of wild animals, the interaction between people and these animals is growing more common. Wild animals such as bears and alligators are becoming accustomed and desensitized to the presence of humans, and are becoming increasingly aggressive in their search for food around and inside of homes. This clearly creates safety issues for people, their families and their pets.

Unenforceable Rules and Regulations

In late 2011, the South Carolina Court of Appeals handed down a decision denying a homeowners’ association relief based on unenforceable rules and regulations. In Rawlinson Road Homeowners Association, Inc. v. Jackson, 395 S.C. 25, 716 S.E.2d 337 (S.C. App. 2011), the Court of Appeals determined that keeping a boat on a lot in the subdivision - an activity prohibited by the unrecorded rules of the association - was not an activity prohibited by the recorded restrictive covenants.

Can Condominium Liens Survive Foreclosure?

Generally, the liens for unpaid condominium owners’ association assessments do not survive a mortgage foreclosure action if the mortgage has priority over the association’s lien. However, even though §27-31-210(b) provides that condominium liens with junior priority do not survive a mortgage foreclosure action, the liability for the amounts underlying the lien can survive other types of foreclosure actions, including an action foreclosing the condominium lien itself.

Priority of Liens for Assessments

A question faced by many homeowners’ associations is whether the association’s lien against a property for unpaid assessments has priority over a mortgage on the property. This issue can arise in many circumstances, but most often when the mortgage lender starts a foreclosure action against the property.

Trayvon Martin’s Death Raises Concerns for Community Associations Nationwide

The recent shooting of Trayvon Martin by George Zimmerman in Sanford, Fla. has attracted a flood of national attention due to the highly charged legal, political and cultural issues involved.