eAlerts


Can Owners Challenge Deconversions?

In a previous article, we dove into the upswing in condo deconversions in some parts of the country, with multi-unit buildings that were converted from apartments years ago reverting back to rental units. The Illinois Court of Appeals recently issued an important ruling addressing owners’ ability to challenge such moves. “The ruling is good for…

Insurance is Key to Protecting Your Board Members

Board member burnout isn’t new, but recent events also have members concerned about their potential liability, only compounding the effect on board retention. “It’s just been a really tough time for boards, and it already wasn’t a glorified position,” says Jennifer Biletnikoff, a shareholder in the Naples, Fla., office of Becker & Poliakoff. “I have…

The New World of Bidding

In the wake of pandemic delays and a new focus on deferred maintenance since the Surfside tragedy, many associations have significant projects to bid out to contractors. But the process has changed in the past couple of years. Gone are the days of the board considering a project, the manager putting out a request for…

Deconversion: Coming Soon to a Condo Near You?

Various parts of the country are seeing an uptick in condo deconversions, with multi-unit buildings that were converted from apartments years ago reverting back to that status. Owners may have dollar signs in their eyes and dreams of avoiding the costs of long deferred maintenance or modern upgrades, but they need to have the full…

Could You Be Liable for Neighbor-to-Neighbor Harassment?

A federal district court is allowing a former resident to pursue a lawsuit against an HOA and its management company alleging liability for an owner’s racial harassment. “The meat and potatoes of this case is really the hostile environment claim and whether the association and manager did enough to stop it,” says Kevin Hirzel, managing…

Repeat Offender Dog Can Be Asked To Leave, Court Concludes

A California HOA’s governing documents supported its board’s decision to order the removal of a dog with a history of injuring both humans and other dogs. “I love this case because it supports an association’s right to enforce its covenants by requiring removal of a dog,” says Sandra Gottlieb, a founding partner of California homeowner…

Rec Equipment Decisions Can Lead To Bias Allegations

The state of Maryland recently passed a new law after an HOA’s demand for the removal of basketball hoops raised questions of racial discrimination. The Maryland law generally prohibits condo associations and HOAs from imposing “unreasonable limitations” on the location and use of portable basketball hoops on an owner’s property. A state legislator initiated the…

Surfside Recommendations: “Scary and Extraordinarily Difficult”

A Miami-Dade County grand jury has issued its report on the Surfside condo collapse, including several recommendations for making buildings safer. “I expected something scary and extraordinarily difficult to do, and that’s exactly what the grand jury recommended,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. The…

Government as Partner Rather Than Roadblock? It’s Possible.

From relocating an invasive flock of peacocks to reducing fire fuel and dealing with the effects of coastal erosion, community associations increasingly are working with government officials to resolve problems. “There are a lot of opportunities for managers and boards, before they start going the road on an issue, to step back and ask agencies…

Don’t Let Your Managers Fall Prey To Kickbacks

Kickbacks can cost both you and your clients, but your managers might not even know when they’re receiving one. Teaching your employees to recognize and sidestep such wrongful transactions can reduce the risks to your bottom line. Just what type of arrangement qualifies as a kickback? “It’s generally receiving something of value in exchange for…