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Surfside Aftermath: New Florida Law Puts Managers Under the Gun

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

Florida Tackles Condo Repairs Reform — Will Other States Follow?

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

What Can Your Association Do When Owners Build Structures That Violate Covenants?

When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…

Court OKs Demolition of Construction That Violated Covenants

When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…

New State Law Could Make it More Difficult for HOAs to Collect Unpaid Fines and Fees

Community associations may find their hands tied when pursuing unpaid fines and fees due to a controversial new state law. Under the new law, which was enacted earlier this year, Colorado now prohibits community associations from seeking foreclosures against owners based solely on unpaid fines. Even if you’re not in Colorado, take note because our…

New Law Restricts Foreclosure Remedy

Colorado HOAs are prohibited from seeking foreclosures against owners based solely on unpaid fines under a new law enacted earlier this year. The law includes additional provisions that will tie associations’ hands in some significant ways when pursuing fines and fees. The Impetus According to The Denver Post, the law is intended in part to…

Amendments Can Be Invalidated if Co-Owner Spouses Don’t Both Approve

A court case that sprang from a dispute over an owner’s chickens could upend the amendment process — as well as potentially invalidate existing amendments — in North Carolina and possibly elsewhere. (Bryan v. Kittinger) “The court’s reasoning was kind of out of left field and caught everyone by surprise,” says David Wilson, an attorney…

Association Swimming Pools: To Lifeguard or Not to Lifeguard?

The conundrum of whether to provide lifeguards is real. “It creates an interesting debate within boards, and not everyone agrees,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. “It’s not a bright-line issue with easy answers.” Here are some of the factors you should make sure your…

Are You Covered? Must-Have Insurance for Today’s Managers

Times change, and so do your risk exposures. That means your long-time general liability and property insurance policies may not be sufficient to provide the coverage you need these days. “I’m concerned about managers being stuck paying $20,000 to $100,000 in legal fees, not even including the settlement or judgment,” says Steven Fischer, vice president…

Manager Could Sue Developer on Behalf of Clients

When a manager brings a lawsuit on behalf of a client association, the other party is likely to claim the manager doesn’t have the “standing” to do so. In essence, the other party is claiming the manager isn’t the person harmed and therefore has no legal right to complain. Read on to learn how this…