HOAleader.com - Tip of the Week - December 5, 2025
Published: Fri, 12/05/25
Updated: Sat, 12/06/25
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HOAleader.com - Tip of the Week - December 5, 2025
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Parking is one of the three hot-button Ps in the community association world—parking, pets, and people—meaning one of the most contentious issues.
Another challenging issue? When owners ask for a disability or other accommodation.
In this week's tip, we offer advice on how to be smart when the two collide.
With parking often limited and sometimes deeded, what is reasonable when you're responding in good faith to a resident's request for a parking accommodation? Our experts say their condo and HOA clients have been creative. But sometimes, there's no reasonable way to accommodate an owner's parking request.
“It's such a sensitive topic,” says Zuly Maribona, LCAM, the Bonita Springs, Fla.-based senior vice president and partner at KW Property Management who oversees the company's southwest Florida, Jacksonville, Orlando, Tampa, and North Carolina operations. “Although it doesn't come up a lot, it can. And it doesn't get you until it gets you.”
You surely know that when owners seek an accommodation under fair housing or disability laws, you've got to act in good faith, which can be hard through no fault of your own. “Sometimes fair housing laws are clear as mud,” says Cary Devorsetz, a partner at Alderman, Devorsetz & Hora PLLC in Washington, D.C., who for 20 years has been representing condos, HOAs, and co-ops in the district,
Still, you must adhere to or approve an accommodation if it's within reason, explains Noelle Hicks, CCAL, a Houston-based shareholder at Roberts Markel Weinberg Butler Hailey PC, who represents condos and HOAs throughout Texas and has been named to the National Black Lawyers Top 100.
“You can ask for documentation to ensure that this is something the owner really needs, but you can't charge fees for that,” she adds. “And generally, associations are required to grant the requested accommodation unless doing that is going to bankrupt the association or the association absolutely can't do that. If my clients deny a request, I recommend they make sure it's properly documented that the associations made every effort to allow that accommodation.”
Being unreasonable can have consequences, though now that the Trump Administration has set aside HUD guidance on assistance animals and emotional support animals, it's less clear how condos and HOAs must respond to all requests for reasonable accommodations, reports Julie McGhee Howard, co-founder and managing partner of NowackHoward LLC in Atlanta, who at any given time represents hundreds of condos and HOAs throughout Georgia.
So what does this all mean when it comes to parking? Find out in our new article: https://www.hoaleader.com/members/5218.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Oof! HOA Board Learns of a Huge Loan Against Reserves 40 Years Ago (Yes, 40!)
In this week’s tip, our experts in various states put their legal skills to the test in evaluating whether a board has to pay back a decades-old loan from an HOA’s reserves that nobody knew about until just recently...
Click here to read the full article:
https://www.hoaleader.com/members/Oof-HOA-Board-Learns-Huge-Loan-Against-Reserves-40-Years-Ago-Yes-40.cfm
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Colorado Court Lays Down the Law for Condo Owner’s Emotional Support Animal—and Orders Owner to Undergo Medical Exam
A Colorado condo is in a pitched battle with an owner a court has said is entitled to have a dog as an emotional support animal, despite the condo’s no-pet policy. However, the court ordered that the dog can be on the property only when the owner is present, and the owner is allegedly violating that order. The dog is also allegedly doing damage and soiling carpets...
Click here to read the full article:
https://www.hoaleader.com/members/Colorado-Court-Lays-Down-Law-for-Condo-Owners-Emotional-Support-Animal-and-Orders-Owner-Undergo-Medical-Exam.cfm
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HOA Board Discovers 40-Year-Old Loan Against Reserves: Does It Need to Be Paid Back?
An HOAleader.com reader asks: “Our HOA is in California. The board just noticed a large amount, $260,000, that appears to have been borrowed from the reserve account. This HOA has existed for 40-plus years, and no one who served on a prior board and is still alive was ever aware of it...
Click here to read the full article:
https://www.hoaleader.com/members/HOA-Board-Discovers-40-Year-Old-Loan-Against-Reserves-Does-It-Need-Be-Paid-Back.cfm
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When Your Condo/HOA Board Is Being Monday-Morning Quarterbacked By An Owner (Who May or May not Be Qualified to Be Your Ref) [HOAleader.com Video]
In this week’s tip, we discuss owners who, perhaps trying to help, set forth all the many reasons you, as a condo or HOA board, are missing the mark...
Click here to read the full article:
https://www.hoaleader.com/members/When-Your-Condo-HOA-Board-Being-Monday-Morning-Quarterbacked-By-Owner-HOAleader-Video.cfm
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Has This Board Battling an Owner Over Milkweed Wandered Too Far into the Weeds?
An owner in Reston, Va., has been ordered to remove milkweed from her yard based on the language of its governing documents. Milkweed is reportedly vital for monarch butterflies and other pollinators, yet it’s also toxic to the lanternfly. As you could probably predict, the owner is fighting back, claiming her HOA’s deed is outdated...
Click here to read the full article:
https://www.hoaleader.com/members/Has-This-Board-Battling-Owner-Over-Milkweed-Wandered-Too-Far-into-Weeds.cfm
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