Risk Management

A court case that sprang from a dispute over an owner’s chickens could upend the amendment process — as well as potentially invalidate existing amendments — in North Carolina and possibly elsewhere. (Bryan v. Kittinger*) “The court’s reasoning was kind of out of left field and caught everyone by surprise,” says David Wilson, an attorney…

The conundrum of whether to provide lifeguards is real. “It creates an interesting debate within boards, and not everyone agrees,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. “It’s not a bright-line issue with easy answers.” Here are some of the factors you should make sure your…

Times change, and so do your risk exposures. That means your long-time general liability and property insurance policies may not be sufficient to provide the coverage you need these days. “I’m concerned about managers being stuck paying $20,000 to $100,000 in legal fees, not even including the settlement or judgment,” says Steven Fischer, vice president…

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. Read on to learn how this…

Corporate investors increasingly are invading community associations, buying up homes and renting them out. In the first part of this two-part article, we talked to some of our experts about how this is playing out on the ground and the impact on associations. In the second part, we’ll discuss how you can help your clients…

U.S. Representatives Charlie Crist (D-Fla.) and Debbie Wasserman Schultz (D-Fla.) recently introduced the Securing Access to Finance Exterior Repairs (SAFER) in Condos Act of 2022 (H.R. 7532). The legislation would allow condo owners to finance special assessments with loans backed by the Federal Housing Administration (FHA). But, if enacted, the law might not provide the…

States across the country are passing legislation that forbids community associations from banning residential solar panels and charging stations for electric vehicles (EVs) in most circumstances. What do so-called solar access and right-to-charge laws mean for your clients? We talked to some experts in states that have such laws in place to find out. When…

Corporate investors are snatching up homes in community associations across the country and renting them out. Not surprisingly, “regular” homeowners in these communities aren’t too happy with the results. “If a board thinks this will never happen because of the price points of their homes or whatever, they’re gravely mistaken,” says Scott Weiss, of counsel…

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow.”…

Another election season is upon us, and that means political signs and flags are starting to pop up. Such displays can lead to some thorny situations for community associations. An association in North Carolina provides a good example of one risk. Local news outlets recently reported than an owner was notified that his Black Lives…