Premises Liability for Community Associations

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

Access Easements Might Allow More Than Just Access

Easements are common in community associations, and, especially when high-value property is involved, can lead to costly litigation. Associations and owners may feel confident about the rights an easement conveys when they agree to it, but, as a North Carolina case recently demonstrated, easements are subject to expansion. That court, for example, that found an…

Court Upholds HOA’s Right to Tiki Bar on Access Easement

Your clients and their owners probably think they understand the rights that so-called access easements convey. “It sounds pretty self-explanatory,” says David Wilson, who heads up the South Carolina community association department at the law firm Black, Slaughter & Black, P.A. But, as a North Carolina court recently found, an access easement isn’t limited solely…

How to Deal with Hoarders, Part Two: 5 Steps to Take to Tackle Hoarding

In the June 2020 issue of Community Management Association Insider, we explained why owners’ hoarding should matter to their associations and highlighted several red flags for such behavior. Now we dig into just what an association can do in such circumstances. “You need to be very careful with how you approach the situation because of…

Recognizing the Telltale Signs of Hoarding

When owners volunteer for their associations’ boards of directors, they probably don’t expect that their responsibilities will include dealing with mental health issues, but they can and increasingly do — for example, when an owner appears to be a hoarder. While your clients may prefer not to get involved in such situations, that would be…

How to Deal with Hoarders, Part One: Identifying the Problem

Hoarding is more than just fodder for reality TV fans. The American Psychiatric Association (APA) has formally recognized it as a disorder that affects an estimated 2 to 6 percent of the population. According to the APA, sufferers excessively save items that others may view as worthless, leading to clutter that disrupts their ability to…

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…