Pennsylvania AHN

www.AssociationHelpNow.com Issue 3, 2018 AssociationHelpNow Resources for Community Associations and the Businesses & Professionals who serve them. ™ PENNSYLVANIA Read by Pennsylvania HOA Board Members and Managers

Recognizing and Preventing Discriminatory Acts in Community Associations By Sherri Hall

“In the case of pool rules...via the Fair Housing Act, you cannot discriminate

HOA Qualified Management Companies

on the basis of gender or age.”

Common Practices Surrounding Home-Based Businesses in Condos and HOAs By Alyssa Gautieri “Certain business F rom raising chinchillas and giving guitar les- sons, to running a small

“...one of the most common discriminatory actions seen in community associations is when board members and property managers do not apply the rules of the governing documents equally to everyone when they are being violated in the same manner.”

CONTINUES ON PAGE 14. Even if a business is not a legally established company or corporation, a board can still regulate that business. A board may use its rule-making au- thority to define what it means when it says that a resident may not run a business out of their home, by being as specific or broad as need be. “If I were making a rule, I would define activities can have a detrimental impact upon the community or at least nearby members...” understand that they live in close proximity to their neighbors and they are not going to have the same pri- vacy that they would in a single-family home.” In the case in which a resi- dent complains about a neigh- bor, there are a number of things an association can do, in order of severity. Griffin rec- ommended starting with a po- lite letter, encouraging the resi- dent to be considerate. “That may solve the problem in some cases,” he noted. However, if the resident con- tinues to disrupt the commu- nity, it is likely time to make and/or enforce a rule.

online store, home-based busi- nesses can often become a detriment to community asso- ciations. Whether it’s causing extensive noise, overcrowd- ing the parking lot or creating safety hazards, home-based businesses often disturb mem- bers within a community. This has led many community as- sociations to create and enforce rules surrounding home-based businesses. We spoke with Robert C. Griffin, partner at Griffin Alexander, PC in Randolph, New Jersey, to explore com- mon practices surrounding home-based businesses in con- dos and HOAs. “Certain business activities can have a detrimental impact upon the community or at least nearby members,” Griffin ex- plained. “Imagine a business receiving 60 packages a day, a resident giving piano lessons every hour on the hour, or a resident hosting frequent con- ference room meetings in their homes.” In situations such as these, it is not uncommon for a neighbor to file a complaint. “Generally speaking, what I have found is that neigh- bors do not complain unless they have reason,” Griffin said. “Neighbors will toler- ate a good deal, because they

ATTORNEYS: Ansell Grimm & Aaron, PC...................9 Clemons Richter & Reiss, PC............. 10 Stark & Stark........................................7 Steven L. Sugarman & Associates.......8 Young & Haros, LLC........................... 12 ENERGY PROVIDERS: PECO...................................................7 ENGINEERS: Berman & Wright Architecture, Engineering & Planning, LLC............. 13 DW Smith Associates, LLC..................5 The Falcon Group - Engineering, Architecture & Energy Consultants........15 FWH Associates, PA............................5 discrimination must be han- dled properly, not only in the workplace, but also within community associations. But what exactly constitutes as a discriminatory action, and how can associations ensure they are taking the right steps to rectify such situations? We spoke to A. Christopher Florio, Shareholder at Stark & Stark Attorneys at Law in D iscrimination is a prom- inent issue in today’s society. Instances of

INSURANCE: Community Assn. Underwriters...............5 NFP, Property & Casualty........................6 Smith Insurance.......................................3 LENDERS: Alliance Association Bank..................... 6 Mutual of Omaha Bank, Community Association Banking / CondoCerts......9 National Cooperative Bank......................2 MAINTENANCE / JANITORIAL: Planned Companies.............................4 PROFESSIONAL / INDUSTRY ASSOCIATIONS: CAI PA & Delaware Valley Chapter... 11 Lawrenceville, New Jersey to an- swer these questions and more. According to Florio, one of the most common discrimina- tory actions seen in commu- nity associations is when board members and property man- agers do not apply the rules of the governing documents equally to everyone when they are being violated in the same manner. For example, let’s as- sume an association has a poli- cy in place that states members who have not paid assessments

CONTINUES ON PAGE 14. for 60 days will be notified and referred to legal counsel. The association sends notices out to all the members who meet the criteria as well as one member prior to the 60- day threshold. In this case, the governing documents are not being enforced equally to all members, and the actions of the association may be con- sidered discriminatory toward the member who has not yet missed payments for 60 days. “They are not abiding by their

INDEX OF INDUSTRY LEADERS

PROPERTY MANAGEMENT: ACRI Realty.......................................8 Arnheim & Neely Inc..........................9 Associa............................................... 13 DelVal Property Management............. 10 MICO Management............................ 15 Property Management, Inc.................. 14 Robert H.Wise Management Co., Inc...10 RECONSTRUCTION / RESTORATION: Accurate Reconstruction....................... 4 SECURITY / CONCIERGE: Planned Companies............................. 4

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