Community association boards often need administrative and operational flexibility to manage budgets, resolve disputes, and keep a community running efficiently. However, when a board uses this authority to change the substantive rights or financial obligations established by the governing documents, that decision may cross the line from routine administration into a bylaw amendment requiring Co-owner approval. In Ritz v Sandyoak…
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On March 18, 2026, Fannie Mae issued Lender Letter LL-2026-03 and updated its condominium lending guidelines. In addition to expanding the waiver of project review in condominiums with 10 or fewer units and retiring the limited review process on August 3, 2026, Fannie Mae’s 2026 condominium lending updates may significantly impact how condominium associations budget for reserves, maintain insurance, and…
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On March 19, 2026, a federal court in Texas ruled that the new FinCEN residential real estate rules were unenforceable. A copy of the opinion can be found here: Flowers Title Companies, LLC v. Bessent et al, (E.D. Tex. 2026). FinCEN has indicated that reporting under the FinCEN rule for residential real estate transactions will not be required while the…
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Michigan Court Rules that Long-Term Rental is a Commercial Use The Michigan courts have consistently held that short-term rentals are neither residential nor commercial uses when interpreting restrictive covenants. While numerous cases from the Michigan Court of Appeals hold that short-term rentals violate residential and commercial use deed restrictions, these cases have not addressed whether long-term rentals also violate a…
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AI and Community Associations: Legal Risks, Fiduciary Duties, and Best Practices for Condo and HOA Boards Artificial intelligence (AI) is no longer a futuristic concept for community association board members and property managers. Whether it is asking ChatGPT to provide a section of the condominium act, using Microsoft Copilot to summarize board meeting notes, or relying on AI tools to…
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Does your HOA need to permit a fence that violates the restrictive covenants as a reasonable accommodation under the Fair Housing Act? Disputes over whether fences that violate restrictive covenants are a reasonable accommodation under the Fair Housing Act are often tricky for condominium and homeowners associations to navigate. Requests for fences related to individuals with disabilities are becoming more…
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