Communications

Lawsuit Ponders Whether Pig Is a Pet

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. “I’ve seen disputes with atypical pets, but it’s usually when there’s…
Featured Articles

Records Matter: A Bizarre Case Study

Poor recordkeeping can undermine the results of even the most amiable and productive board or membership meeting. When a meeting is contentious, insufficient records can prove even more disastrous. A community in Pennsylvania learned that the hard way (Pocono Mountain Lake Forest Community Ass’n v. Swift). Who’s the Boss? A trial court described the community…
Human Resources & Employment Law

Watch Out for Misclassifying Employees as Independent Contractors

The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether a worker is an employee or an independent contractor. “Under Trump, the idea was to…
Featured Articles

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…
Featured Articles

What’s in a Name? Associations Mull Removing ‘Plantation’ from Their Names

Some associations with the word “plantation” in their names are struggling with pushes among their owners to change their communities’ names. The issue primarily is arising in the southern part of the United States, largely in response to the killing of George Floyd in 2020. “We’ve had a rash of associations dealing with this,” says…
Featured Articles

Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. A Pig in a Poke “I’ve seen disputes with atypical pets,…
Community Association Financials

Condo Board Found Liable to Prospective Buyer in Broken Deal

Can a condo board ever end up liable to the prospective buyer of a unit after the deal didn’t go through? It apparently could in New York. A state court there allowed such a lawsuit to proceed against a board that didn’t exercise its right of first refusal but allegedly also didn’t provide a document…
Human Resources & Employment Law

Is That Contractor Really an Employee?

The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether a worker is an employee or an independent contractor. “Under Trump, the idea was to…
Community Association Financials

Due Diligence With Vendors Is Worth It – Here’s Why

A management company’s ability to form positive, productive relationships with competent and reliable vendors can make or break its ability to deliver for its client associations. From landscapers, pool service companies, and maintenance firms to attorneys, accountants, and insurance agents or brokers, here’s how to form and maintain successful relationships with your vendors. Due diligence…
Communications

Save a Tree and Simplify Your System – Consider Ditching Paper

Want to reduce your administrative headaches while boosting your client satisfaction and, in turn, retention? Going paperless might be for you. From maintaining minutes and managing violations to collecting dues and processing invoice payments, community association managers increasingly are finding their mundane but mandatory tasks are made easier once they shift to a digital way…