The Winter 2024 edition features an article discussing emotional support animal requests. Under the Fair Housing Act, community associations must consider requests for emotional support animals (ESAs) as a reasonable accommodation for residents with disabilities. Requests can only be denied if the animal poses a safety threat or property damage, supported by an individualized assessment of the situation. Residents must provide documentation from a qualified healthcare provider to substantiate...
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The Corporate Transparency Act is a federal law that became effective on January 1, 2021, to prevent money laundering, terrorist financing, corruption, and tax fraud by making it easier for the government to identify the individuals who operate certain companies and corporations. Although it would be unlikely that most nonprofit corporations would be engaged in such illegal activity, the Act is broadly written to include homeowners associations, condominium associations, townhome associations,...
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The Fall 2024 edition highlights two essential aspects of community association management: the importance of meeting minutes and the process for handling unpaid assessments. David C. Boy, IV, Esq. emphasizes that meeting minutes are crucial for ensuring transparency, accountability, and legal compliance. Properly documented minutes provide a record of board actions and decisions, serving as vital evidence in disputes. To be effective, boards should prepare minutes in advance, capture key...
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The Summer 2024 edition features an article delving into the significant mail delivery delays experienced by residents in the metro Atlanta area, attributing them to changes within the United States Postal Service (USPS) and closures of local processing centers. These delays, prompting congressional inquiries, pose challenges for community associations reliant on timely mailings, particularly concerning legal notices and assessments. The piece offers insights on managing these delays,...
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The Spring 2024 edition features an article informing boards and managers about covenant enforcement against owners in bankruptcy (by Daniel E. Melchi, Esq.). An article advising boards on how to review modification request based on a disability. (by Elizabeth Modzeleski, Esq.). Also included, Elina V. Brim, Esq. discusses updating the rules for community recreation areas and common missteps. Community Matters is published on our website on a quarterly basis, and if you would like hard...
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