Condo Media - October 2022 - 39

to meet HUD-accepted language
in the regulations for pool use
as applied to protected classes.
Overreaching pet regulations
that do not take into account the
status of service and comfort
animals may create a risk of a
discrimination claim for the
self-managed association.
● When State and Federal
Regulations Change
andAre in Conflict
With the Documents
● When Documents Contain
Confl icting Regulations
In some cases, the authors of early
HOAs failed to correct sections of
the " boiler plate " condominium
documents that were in confl ict or
were inapplicable to the property.
As a result, the self-managed association
can fi nd itself wasting endless
hours determining which regulations
to enforce.
● When Regulations Cannot be
Enforced/Fail in Court Review
Restrictions on in-unit activity
cannot be established by restricting
use of common areas. The trustees
of self-managed associations that
do not have restrictions on smoking
may find themselves unable to
address complaints about smoke
infiltrating the common areas and
other units. Changes may be needed
One legal team for all your condo needs.
Advisingmanagement companies, associations,
developers and title companies for over 40 years.
Drafting & amending
condominiumdocuments
Advising condominiumboards
Enforcing policies & bylaws
Collections
Assisting with construction &
development, including zoning,
permitting, land use &
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Providing legal opinions
Transitioning fromdeveloper
to unit owner control
Drafting, reviewing & negotiating
lender, vendor & supplier
contracts
Dispute resolutions
Employment-relatedmatters
Advising on issues arising from
COVID-19
Since condominium documents
are at the bottom of the totem
pole with respect to authority,
changes in federal, state, and
local municipal regulations
may force the board of trustees
of the self-managed association
to set aside the community's
current regulations, rules, policies,
and procedures and create
new ones that are in compliance.
For example, the legalization
of marijuana in some states has
altered how boards can respond
to concerns from residents about
secondhand smoke and the use
of this substance inside units.
While the board of the self-managed
association does not have the
input of a professional management
company on which to rely in making
rules and enforcing them, it can access
the resources provided by the
Community Associations Institute
(CAI). One of CAI's most important
objectives is to provide selfmanaged
boards with all the information
necessary for governing the
association and being successful.
Take advantage of the vast library of
materials that are available to you
and your community by contacting
www.caine.org.
One Boston Place, 37th Floor, Boston | 617.367.2500 | davismalm.com
■ PATRICIA BRAWLEY, CMCA,
AMS, PCAM IS THE OWNER OF
CENTRAL MANAGEMENT &
CONSULTING SERVICES.
October 2022 CONDOMEDIA 39
http://www.caine.org
Condo Media - October 2022

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