Premises Liability for Community Associations

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

Associations Shift Focus with Their Security Measures

The media have been blasting headlines about rising crime, but the message doesn’t seem to be getting much traction with many community associations. While they may have implemented what ostensibly are security tools, these associations are deploying them more to monitor residents than to combat crimes against people or property. “Security these days is less…

Key Provisions to Monitor in Your Elevator Maintenance Contracts

Properly operating elevators rank near the top of the most important  — and most visible —equipment in a community association. Yet some communities sign standard service contracts without giving the terms much thought. “One of the biggest mistakes across the board with associations is not having a lawyer look over the elevator contracts,” says Jennifer…

When Is Your Association Liable for Injuries Sustained on the Premises?

A third-party security guard who slipped and fell on a puddle while on duty sued the Georgia condo association where she was working. The association doesn’t have its own employees, so it hires third-party contractors to perform the necessary functions. For example, in May 2012, it retained Sizemore Security Services to provide “safety officers” for…

Hold Up: 5 Areas to Negotiate on Elevator Maintenance Contracts

Properly operating elevators rank near the top of the most important  — and most visible —equipment in a community association. Yet some communities sign standard service contracts without giving the terms much thought. “One of the biggest mistakes across the board with associations is not having a lawyer look over the elevator contracts,” says Jennifer…

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.…