Articles published by:

Hirzel Law

Technology & Security June 13, 2018

Wi-Fi Issues in Your Condominium Association or HOA

Wi-Fi has become a necessity for almost anyone who lives in a condominium association.  However, the law is often slow to evolve to new technologies and many master deeds or declarations were drafted before Wi-Fi even existed.  As a result, potential legal issues related to Wi-Fi use are rarely addressed in the governing documents of community associations. Accordingly, condominium and…
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Bylaw & Covenant Enforcement May 10, 2017

PREEMPTION! The FCC’s Adoption of the OTARD Rules and Their Application to Condominium and Homeowners Associations

In Section 207 of the Telecommunications Act of 1996 (the “Act”), Congress directed the Federal Communications Commission (“FCC”) to adopt rules concerning Over-the-Air Reception Devices (“OTARD”) in order to provide limitations and guidance on governmental and non-governmental restrictions on viewers’ ability to receive certain over the air telecommunications.  In October 1996 the FCC adopted 47 CFR § 1.4000 (the "OTARD…
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Community Association Governance & Meetings February 6, 2017

Why Every Condominium and Homeowners Association Should Trademark its Name and Logo

Over the past decade, the popularity of living in a common interest community, particularly condominium and homeowners associations, has risen significantly. According to recent statistics provided by Community Associations Institute, there are over 340,000 community associations, over 26 million housing units, and over 68 million residents living in these associations in the United States. As these numbers continue to grow,…
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Financial Issues, Budgets & Reserves January 1, 2017

The VA Home Loan Guaranty – A Valuable Resource for Veterans

A home loan through the Loan Guaranty program of the Department of Veterans Affairs (“VA”) presents a real opportunity for U.S. veterans to purchase a home when they may otherwise not be able to do so.  Benefits to a VA loan include lower interest rates, more flexible underwriting requirements, no down payment, and increased purchasing power.  One potentially under-utilized way…
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Board of Directors September 19, 2016

Browning-Ferris Industries of California (#32-RC-109684): Fundamentally Altering the Employee / Employer Relationship Between Community Associations, Their Management Companies, and Independent Contractors

Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees and who would be considered the employer of those employees.  However, a 2015 ruling by the National Labor Relations Board (“NLRB”) has placed that understanding in a state of flux.   The new standard employed by the NLRB may now find…
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Condo and HOA Cases July 28, 2016

What Community Associations Should Know About the Fair Housing Act and It’s Impact on Pool Rules and Regulations

With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to cool down.  Also, pools are not only good for cooling down but also provide numerous other benefits, including family time without the distractions of today’s technology, fitness training, stress relief, therapy and helping to keep children active.  Additionally, community pools…
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