Month: November 2010

Association Not Liable for Racial Discrimination

Facts: A member sued the association and the management company for racial discrimination. She claimed that the association failed to take action on complaints she filed against neighbors from 2003 to 2007. These were mainly complaints against neighbors for having a home-based welding business and for unsightly conditions, structures, and objects, even though she was cited for having a religious cross displayed on her property.

Comment Period Ends on FHFA Proposal

On Oct. 15, 2010, the public comment period closed on the Federal Housing Finance Agency's (FHFA's) proposal to ban private transfer fees. If adopted, as many as 11 million homeowners could find it difficult to sell their homes if the federal government moves forward with plans to ban so-called private transfer fees, according to the Community Associations Institute (CAI).

Association May Be Liable for Member’s Slip-and-Fall Injury

Facts: When a member arrived home after being gone for two days, he slipped on a puddle of water that had accumulated on his kitchen floor and he broke his wrist. The puddle of water had come from his sink, which had overflowed due to a sludge blockage in the building's drainage line. There is no dispute that maintenance of the drainage line was the responsibility of the condominium association.

Association May Be Liable for Disability Discrimination

Facts: A member with a hearing disability sued an association for allegedly failing to provide reasonable accommodations that would allow her to communicate effectively during meetings. The member requires some form of accommodation to participate in certain community events.

Set Playground Rules to Minimize Risk of Injuries and Lawsuits

A playground is a great amenity that may increase property values in your community. Members with small children appreciate the role an outdoor playground plays in children's growth. Playgrounds promote an active, healthy lifestyle and provide a complex social network for kids to learn relationship-building skills. However, a playground can also be a hazard, especially if children are unsupervised or if the equipment is not properly used or maintained. If injuries occur, your association could end up getting sued.