Premises Liability for Community Associations

Articles on the topic of Premises Liability for Community Associations and for Community Association Management Companies

HOA Isn’t Liable for Security Guard’s Slip and Fall

A third-party security guard who slipped and fell on a puddle while on duty sued the Georgia condo association where she was working (River Place at Port Royal Condominium Ass’n, Inc. v. Sapp). Read on for a useful refresher about when an association or manager can be held liable for injuries sustained on association premises…

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…

‘Continuous Operation’ Language Declaration Requires Association to Keep Lift Working

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. An Indiana state court found a breach of contract but dismissed the negligence claim (Castleton Corner Owners Ass’n, Inc. v. Conroad Associates, L.P.). Here’s what you need to know about…

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…

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.…

More Remote Work Means More Risks for Associations

The many domino effects of the COVID-19 pandemic and the ensuing recession include not only an increase in the number of people performing their current jobs from home, rather than at an office or other workplace, but also a surge in the number of home-based businesses. With so many people looking to replace lost income,…

COVID-19 Impacts: Handling the Jump in Home-Based Businesses

The many domino effects of the COVID-19 pandemic and the ensuing recession include not only an increase in the number of people performing their current jobs from home, rather than at an office or other workplace, but also a surge in the number of home-based businesses. With so many people looking to replace lost income,…

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…

When Can an Association Require Removal of a ‘Dangerous’ Dog?

Disputes over pet restrictions in community associations often are among the most contentious — perhaps never more so than when the association goes to court to get an animal removed after a biting incident. A recent case in Michigan illustrates how courts might tackle such disputes and how you can help your clients prepare to…