Month: January 2017

The nature of condominium buildings—that is, units stacked on each other—means that occasionally an accident in one condo will affect the adjacent unit. Flooding is a common cause of damage to multiple units, and it can happen from appliances like dishwashers and washing machines that leak. So when an adjacent unit is affected by a leak in the original unit, who is responsible for fixing the damage? Does the association have a duty to get involved?

If you’ve been dealing with a member whose complaints or legal actions seem to be neverending, there could be good news for you: In some case, a settlement with the member precludes a subsequent lawsuit.

Many planned communities have children living in them, which brings into play safety and security issues. You might think that you’re creating rules that ensure children are safe, but if those rules include adult supervision requirements, you might be on the hook for discrimination. So, before making any child-oriented rules, ask the association’s attorney to give you some pointers. A California association learned the hard way that its rule for the community’s playground was discriminatory.

The nature of condominium buildings—that is, units stacked on each other—means that occasionally an accident in one condo will affect the adjacent unit. Flooding is a common cause of damage to multiple units, and it can happen from appliances like dishwashers and washing machines that leak. So when an adjacent unit is affected by a leak in the original unit, who is responsible for fixing the damage? Does the association have a duty to get involved?

It’s typical for the prospective new employer of one of your former employees to call for a reference. If the employee in question was a stellar part of your management team, it’s a no-brainer. A glowing report will most likely be appreciated by the former employee. But what should you do when you’re asked for a reference for someone who was not a good employee, or worse, was fired?

Q: One of my management staff members suspects that a homeowner in our planned community is manufacturing illegal drugs. I’m concerned about the implications of illegal drugs of any kind in our community, and that the association could somehow be in trouble for this activity. What can I do going forward to get a handle on this type of situation?

Facts: The owner of property in a planned community sued the homeowners association under Oregon’s timber trespass statute, after several trees were cut down and removed from his land without his permission. The association claimed that an adjacent golf club with an easement on the owner’s land had removed the trees. A trial court determined that the association was responsible, it ruled in favor of the owner, and it tripled the damages award that the association had to pay, which was allowed for violations of the statute.

A Florida homeowners association manager called police after discovering that the community’s bookkeeper allegedly used nearly $95,000 of the association’s money for personal expenses, including a diamond engagement ring and luxury handbags. The employee was arrested for larceny and fraud. The missing money was discovered after the association’s property manager reviewed the association’s credit card bills and saw charges for personal types of products and services.

A Miami condominium association is faced with a class-action lawsuit that claims that Sunshine State associations routinely overcharge consumers far more than the legally capped amount. The association member who initiated the lawsuit claimed that he was charged fees that violated the Florida Condominium Act, passed in 1990. The act prohibits more than $100 in fees “in connection with the sale, mortgage, lease, sublease, or other transfer of a unit.” Covered fees include registration, background checks, and move-in costs, among other costs.