Risk Management

Use These Cash Management Tips to Protect Your Association Clients’ Financial Security (And Your Own)

Inflation is taking a bite out of the budgets of community associations and the bottom lines of management firms like yours. The months and months of rising prices, combined with the threat of an impending recession, leave associations — and, in turn, the management companies whose survival depends on them — at risk. According to…

3 Tips for Effective Cash Management — for You and Your Clients

Inflation is taking a bite out of the budgets of community associations and the bottom lines of management firms like yours. Strong cash management can help you and your clients both protect your financial security over the short and long terms. The Vulnerability The months and months of rising prices, combined with the threat of…

Are Your Community Association Rules a Ticking Time Bomb?

Times change, but often community association rules don’t. If your rules get out of date, they could become a ticking time bomb representing unnecessary risk that could blow up at any moment into a costly lawsuit or dispute. “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel,…

Court Invalidates Association’s Solar Panel Ban

As interest in renewable energy grows, the proper approach to owners’ desire to install solar panels is still unsettled in many community associations. “It’s not something to put your head in the sand about,” says Harmony Taylor, a community association attorney with the North Carolina firm Black Slaughter Black, PA. In one recent case with…

How and Why Your Association Clients Should Regularly Review Their Rules

Times change, but often association rules don’t. Here’s why and how your clients should conduct regular reviews of their rules. The Need for Review “Rules should be reviewed on a regular basis, and, in my experience, they aren’t,” says Alan Garfinkel, founding partner of Garfinkel Law, a full-service community association law firm in Florida. Regular…

Surfside Aftermath: New Florida Law Puts Managers Under the Gun

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

Florida Tackles Condo Repairs Reform — Will Other States Follow?

Florida condo and co-op associations are facing a new law aimed at ensuring the structural integrity of high-rise buildings in the wake of the Champlain Towers South collapse in Surfside. The law imposes several new requirements that are raising concerns. “It was a hurried, not well-thought-out bill that’s going to have really significant consequences,” says…

What Can Your Association Do When Owners Build Structures That Violate Covenants?

When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…

Court OKs Demolition of Construction That Violated Covenants

When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…

Can You Bring a Lawsuit on Behalf of Your Client Association?

When a manager brings a lawsuit on behalf of a client association, the other party is likely to claim the manager doesn’t have the “standing” to do so. In essence, the other party is claiming the manager isn’t the person harmed and therefore has no legal right to complain. This defense was recently raised by…