eAlerts


When Is Your Association Liable for Injuries Sustained on the Premises?

A third-party security guard who slipped and fell on a puddle while on duty sued the Georgia condo association where she was working. The association doesn’t have its own employees, so it hires third-party contractors to perform the necessary functions. For example, in May 2012, it retained Sizemore Security Services to provide “safety officers” for…

When Tradition Runs Up Against Sensitivity: Addressing Problematic Community Names

Some associations with the word “plantation” in their names are struggling with pushes among their owners to change their communities’ names. The issue primarily is arising in the southern part of the United States, largely in response to the killing of George Floyd in 2020. “We’ve had a rash of associations dealing with this,” says…

Lawsuit Ponders Whether Pig Is a Pet

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. “I’ve seen disputes with atypical pets, but it’s usually when there’s…

Condo Board Found Liable to Prospective Buyer in Broken Deal

Can a condo board ever end up liable to the prospective buyer of a unit after the deal didn’t go through? It apparently could in New York. A state court there allowed such a lawsuit to proceed against a board that didn’t exercise its right of first refusal but allegedly also didn’t provide a document…

Due Diligence With Vendors Is Worth It – Here’s Why

A management company’s ability to form positive, productive relationships with competent and reliable vendors can make or break its ability to deliver for its client associations. From landscapers, pool service companies, and maintenance firms to attorneys, accountants, and insurance agents or brokers, here’s how to form and maintain successful relationships with your vendors. Due diligence…

Save a Tree and Simplify Your System – Consider Ditching Paper

Want to reduce your administrative headaches while boosting your client satisfaction and, in turn, retention? Going paperless might be for you. From maintaining minutes and managing violations to collecting dues and processing invoice payments, community association managers increasingly are finding their mundane but mandatory tasks are made easier once they shift to a digital way…

Sewage Hits the Fan in Messy Court Case

An owner sued an association for breach of contract and negligence after its tenant moved out because its unit was flooded with raw human sewage. What happened? The owner in the case leased its building to retailer Pier 1; the lease was set to expire in February 2016, but Pier 1 had the option to…

How To Find and Keep Good Volunteers During Difficult Times

The ongoing challenges of the COVID-19 pandemic have led to frustration and even burnout for many community association board members and other volunteers. As a result, some associations are struggling to fill more openings than typical. “It’s getting harder and harder, it really is,” says Paul Grucza, director of education and client development at the…

Fine for Abusive Owner Leads to Costly Court Battle

After numerous allegations of abusive behavior, a Chicago condo association imposed a $500 fine on an owner. It led to years of costly litigation, a $125,000 payment to the owner, and a court ruling that could haunt associations for years to come. The owner had a long history of bad behavior. According to deposition testimony,…

Should You Let Owners Install Their Own Security Lighting?

The desire for security lighting by owners with security concerns can put associations and boards in a difficult position, especially when their CC&Rs prohibit exterior or high-intensity lighting. What should your clients do when owners request permission to install lights that can be both protective and disruptive? “Lighting is said to be a deterrent to…