Departments
How to Handle Employee Accommodation Requests, Part 1
Is your association management firm among the employers out there that are unsure of how to proceed when an employee requests an accommodation for a disability, whether under the federal Americans with Disabilities Act (ADA) or a state counterpart? Messing up can prove costly, but our two-part article can help your management firm reduce its…
Fence Variation Lawsuit Is a Question of Authority
A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC). The fence…
Court OKs ‘After-the-Fact’ Fence Variance
A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC) (Mullor v.…
Are Community Associations Liable For Third-Party Crimes?
After two residents of a Massachusetts condo building were killed in their penthouse home by an intruder, their estates sued the association and the management company for wrongful death. The civil case has yet to go to trial, but a pre-trial ruling from the court is cause for alarm for both condo associations and managers…
Manager, Condo Association Have Duty to Protect Residents in Common Areas
After two residents of a Massachusetts condo building were killed in their penthouse home by an intruder, their estates sued the association and the management company for wrongful death. The civil case has yet to go to trial, but a pre-trial ruling from the court is cause for alarm for both condo associations and managers…
Why Appropriate Insurance Coverage Can Help Your Association Clients Avoid Costly Litigation
The increasing frequency and intensity of natural disasters—from wildfires to hurricanes—makes the procurement of appropriate insurance coverage more important than ever for community associations. If your clients don’t understand their responsibilities in this area under the governing documents and applicable state laws, they could end up in costly litigation. A North Carolina condo association and…
Association’s Allocation of Insurance Proceeds Leads to Lawsuit Loss
The increasing frequency and intensity of natural disasters—from wildfires to hurricanes—makes the procurement of appropriate insurance coverage more important than ever for community associations. If your clients don’t understand their responsibilities in this area under the governing documents and applicable state laws, they could end up in costly litigation. A North Carolina condo association and…
Encountering Wildlife in Your Community? Tactics to Mitigate the Issue
It’s not only Florida associations with alligators or California communities with mountain lions that can run into wildlife issues. Suburbs across the country are seeing coyotes and other unwelcome visitors. Managers have been recently reporting more wildlife sightings and episodes than in the past. “We live near the forest, so we normally deal with deer…
Where the Wild Things Are (Increasingly, in HOAs!)
It’s not only Florida associations with alligators or California communities with mountain lions that can run into wildlife issues. Suburbs across the country are seeing coyotes and other unwelcome visitors. What can your clients do about it? Increasing Interaction with Animals Managers have been recently reporting more wildlife sightings and episodes than in the past.…
Help Your Association Clients Avoid a Racial Discrimination Lawsuit
A federal court of appeals is allowing a Black couple to sue their HOA neighbors for racial discrimination under the Fair Housing Act (FHA). While it blocked the couple’s claims against the association, the opinion suggests that decision was due primarily to a technicality. Tonca and Terence Watters chose to build their dream home in…