Premises Liability for Community Associations

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

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…

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…

Court OKs the use of COVID Risk Waiver Forms

A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19. The court found an association’s requirement that users of the common area pool first sign an assumption of risk form reasonable. Such forms are becoming more common. “We have…

Court Upholds Mandatory Assumption of COVID-19 Risk Form

A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19. The court found an association’s requirement that users of the common area pool first sign an assumption of risk form reasonable (Norman v. Foxchase Owners Ass’n, Albemarle Cty. Oct.…

Should Your Clients Install Automated License Plate Readers?

Community associations increasingly are installing automated license plate readers (ALPRs) as a way to bolster security. “As people get more used to the technology, I think more associations will go down this path,” says Kevin Hirzel, managing member of Hirzel Law, PLC, a Michigan-based firm that works with community associations, “especially if they’re looking to…

Read All About It: Should Your Clients Install Automated License Plate Readers?

Community associations increasingly are installing automated license plate readers (ALPRs) as a way to bolster security. “As people get more used to the technology, I think more associations will go down this path,” says Kevin Hirzel, managing member of Hirzel Law, PLC, a Michigan-based firm that works with community associations, “especially if they’re looking to…