Premises Liability for Community Associations

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

Security Clauses Preempt Manager Liability for Owner’s Stabbing

The importance of solid governing documents may never become clearer than when an association or its manager is sued. That was certainly the case after a new owner in a condominium complex was brutally attacked when his key fob access failed. The owner sued the manager, and the court’s ruling hinged on language in the…

“We Don’t Want Any”: Rules and Restrictions for Nonresidents in a Public Health Emergency

In early April 2020, a Manhattan co-op prohibited the brother of one of the building’s owners from staying in his unit. According to the New York Times, the brother, a physician, had traveled to the city from rural New Hampshire to volunteer his services in the battle against the coronavirus. This incident may have struck…

Control the Flow: How to Regulate Outsiders During a Health Crisis

In early April 2020, a Manhattan co-op prohibited the brother of one of the building’s owners from staying in his unit. According to the New York Times, the brother, a physician, had traveled to the city from rural New Hampshire to volunteer his services in the battle against the coronavirus. This incident may have struck…

Walk on the Wild Side: Managing Owner-and-Wildlife Interactions

Homeowners with an affinity for animals often pose problems for community associations and their managers. But it’s one thing when you’re dealing with domesticated pets — it’s another when the owners want to interact with area wildlife. As the president of a Florida gated golf community recently told the Panama City News Herald, “[i]f someone…

Wildlife: A Draw for Owners — but Also a Risk

Proximity to wildlife is a draw for some community associations, with owners treasuring the opportunity to live close to nature. But that nearness can lead to destruction and the risk of bodily harm. As the president of a Florida gated golf community recently told the Panama City News Herald, “[i]f someone was to get hurt…

Thinking About Common Area Cameras? Proceed with Caution

When it comes to installing cameras in common areas, your clients may have any number of motivations. They could be driven by an uptick in area crime, pressure to crack down on rule violators, or just the desire for a greater sense of security, among other reasons. Cameras may be more affordable and less obtrusive…

Cameras in Common Areas: Yay or Nay?

Leaps in technology have made it easier and less expensive to conduct surveillance, prompting more and more community associations to consider installing cameras in their common areas to combat problems like crime and rules violations. But cameras might not turn out to be the simple solution they expect. In fact, they could create problems of…

Associations Target Community Gun Control

Gun rights can trigger emotional responses on both sides of the issue, and the debate is becoming more common among community associations, as they aim to protect themselves. But even when a community is largely in agreement about the need to restrict firearm possession on the property, it might not have the power to do…

In the Crosshairs: Can — and Should — Your Clients Regulate Firearm Possession?

With gun violence making headlines almost daily in some parts of the country, responses among communities vary widely. “There are some associations where they’re open to owners having firearms for self-protection, but others don’t feel the same way and are more concerned about firearms in the community,” says Michael Kim of Michael C. Kim &…

How to Tackle the Short-Term Rentals Issue

A lot of people have a love-hate relationship with Airbnb and other short-term rental arrangements — and the same is true for community associations. Some want to bar the rentals entirely, while others want to allow them but struggle with regulation. This week’s article outlines the different approaches popping up across the country. As in…