A nationwide preliminary injunctive order issued by Judge Amos Mazzant on December 3rd, 2024 in the Eastern District of Texas (ECF No. 24), that applies to all reporting companies, including all housing cooperatives nationwide was appealed by the Federal Government. In its Emergency Motion for Stay Pending Appeal, the Government pleaded with the Fifth Circuit Court to grant an immediate stay of the nationwide injunction. On December 23, 2024, the Fifth Circuit Court Motions Panel granted the Government’s request and entered an Order staying the District Court’s nationwide injunction.

Last spring, we provided ideas to Board of Directors on how to keep engaged with your membership during the first wave of COVID-19 cases. As we are navigating through another COVID-19 surge, we would like to provide you with another fun guide of ideas to help your membership continue to stay connected. As a Board of Directors, it is important that you not only keep your membership abreast of cooperative issues, but also continue to keep the morale of the membership up.

A vast majority of Governors have mandated shelter-in-place orders for their residents to ease the spread of COVID-19. While we are all adapting to our temporary “new normal” it is important to remember to take time for yourself to help reduce the stress and anxiety that a pandemic can cause. Social distancing can take a toll on our emotional and mental states.

Squatters are defined as individuals who illegally occupy a property without compensation and without documentation. It is becoming more common and, unfortunately, in many situations, dangerous. In a housing cooperative, squatting can occur under a couple of different scenarios. The first is they start off as an invited guest of a Member and then they just never leave thereby establishing legal residence. Legal residence occurs when the law recognizes your use of a particular address as your home where you receive mail. This is generally a 30-day window and is generally dealt with effectively through the use of appropriately drafted guest policies and enforcement of your governing documents. Typically, you want a registration process for planned stays that are longer than a week and shorter than a month. This assures the Cooperative that occupants are authorized occupants and visitors are just visitors.

The Management Agreement between an association and a management agent outlines the contractual obligations and expectations between the association and the management agent. These contractual obligations define the duties and responsibilities of the management agent for the management and operation of the association. They also provide for the duties and responsibilities of the association, as effectuated through its Board of Directors. Equally as important to the management duties and operational provisions in the Management Agreement, so too are the insurance and indemnification provisions.

The use of Zoom and other digital, web-based or video conferencing technology has become widespread throughout courts in the United States, since the onset of the coronavirus pandemic. With glaring uncertainty on when courts will revert to conducting hearings and trials in-person, it is important to highlight some basic tips and best practices for our readers who may participate in Zoom hearings.