Departments

Association May Be Liable for Slip-and-Fall

Facts: A member sued an association after she fractured her ankle when she slipped and fell while walking on the stairways and landing outside her condominium. The stairways and landing are within the common elements of the condominium property maintained by the association.

U.S. Foreclosure Filings Jump 30 Percent in February

foreclosure_2.jpg

Foreclosure filings in the U.S. climbed 30 percent in February from a year earlier as the worsening economy thwarted efforts by the government and lenders to prevent homeowners from losing property.

Colorado Association and Parents at Odds Over Flag Display

941118_blog_2.jpg
When their son was deployed to Iraq, members installed a flagpole outside their home to fly the American flag. Both federal and Colorado law guarantee residents the right to display the American flag, but allow restrictions on the method and size. Federal law says nothing about flagpoles, while state law allows homeowners associations to regulate…

President of Alternate Association Can’t Sue

Facts: A property owner wanted to profit from his land by establishing a common interest development. He subdivided his land into 16 lots and a large common area. He built homes on six of the lots, sold five of them, and kept one house for himself. The community was governed by an association in name only. There were no formal meetings from 1980 through 1997, and the original property owner acted informally on the association's behalf.

Management Company’s President Not Served Properly

Facts: A member sued her condo association and the president of its management company for imposing an allegedly invalid assessment on its members. According to the member, this assessment violated the governing documents and led to the illegal attempted foreclosure on her home.

Association Not Required to Give Member Insurance Proceeds

Facts: A water leak developed directly above a member's condominium. The member permitted a restoration company into his condo to dry the carpet and an environmental inspection group to inspect the premises. The inspection results showed that the member's condo contained visible microbial growth on the closet and bathroom walls. The association then asked the member to move from his condo so the remediation could be performed. The member denied that his condo had any mold and refused to vacate unless the association paid his relocation expenses.

Member Liable for Balcony Repairs

Facts: In response to observations of water damage to a condominium building's balconies, an association hired consultants to inspect the building's waterproofing systems as well as the decks and balconies.

Allowing Smoking in Common Areas May Invite Nuisance Claims

smoking_2.jpg

As nonsmokers become more assertive about their right not to breathe secondhand smoke, there has been increasing litigation over the issue of smoking in condominiums.

A recent California case is an example of this, and it may push boards to consider eliminating smoking in the common areas of condominium communities. Although the case involves an apartment complex, there are similarities with how smoking in condominiums has been litigated—and will continue to be litigated.

How to Preserve Your Community’s Age-Restricted Status

senior.jpg

If your community is considered housing for older persons or senior housing, it is entitled to an important exemption under the Fair Housing Act (FHA) that allows your community to discriminate against families with children.

Further Trial Needed for Condo Maintenance Lawsuit

Facts: After a member purchased a terrace-level condominium, he discovered drainage problems on his terrace that eventually caused mold and water damage to his condominium. The terrace-level condominiums in the community are surrounded on three sides by a wrap-around balcony. The initial damage from faulty drainage was further exacerbated by two hurricanes. The member sued the association, and the association asked the court to dismiss the lawsuit because the member's complaint technically failed to state a claim.