Dispute Resolution

Lawsuits, Alternative Dispute Resolution, Preventing Disputes

New Emergency Powers (and More) in Florida

A far-reaching new piece of legislation targeting community associations, Senate Bill (S.B.) 630, took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though,…

Emotional Support Animal vs. Severe Pet Allergies – Who Wins?

A no-pet policy. An owner who requests an emotional support animal (ESA). Another owner with severe pet allergies. What’s your client to do? A recent ruling by the Iowa Supreme Court demonstrates just how dicey this situation can be — even when a board tries its best to accommodate everyone. The case involved tenants in…

Sweeping New Association Law Takes Effect in Florida

A far-reaching new piece of legislation targeting community associations took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though, Berger says “there are…

Support Animal Requests in No-Pet Buildings Are a Tricky Balancing Act

A no-pet policy. An owner who requests an emotional support animal (ESA). Another owner with severe pet allergies. What’s your client to do? A recent ruling by the Iowa Supreme Court demonstrates just how dicey this situation can be — even when a board tries its best to accommodate everyone (Cohen v. Clark, Iowa Supreme…

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…

Association Pays $125,000 to Settle Case Over $500 Fine for Owner’s Allegedly Abusive Behavior

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 (Boucher v. 111 East Chestnut Street Condominium Ass’n, Inc., Ill. App. June 14,…

Owners’ Individual Security Lighting: Yay or Nay?

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?The Balancing Act“Lighting is said to be a deterrent…

Self-Help Enforcement: When and How?

From fines and suspended use of amenities to liens and lawsuits, community associations have a variety of remedies available when owners violate governing documents. The most controversial, though, may be self-help enforcement. A board's decision to take matters into its own hands can result in in lengthy litigation, liability, bruised feelings, threats, and even violence.…

What Happens When an Owner Refuses To Rehome a Dog That Bites?

In the summer of 2019, an owner in the Parkview at Orion Commons Condominium Association chatted with his neighbor about the owner’s concerns regarding the long grass in the common area behind their properties. The owner and his wife worried that it was hospitable to snakes, rodents, and ticks that might enter their yard where…