Articles

Three Tips for Avoiding Liquor Liability at Community Events

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Summer is approaching and your association may be planning some sort of community-building events, such as pool parties or cookouts with plenty of food and drink. Often at these events, an association will serve alcohol. The association knows that more members will attend an event that provides alcoholic beverages than they would for a “dry” event.

Articles

Federal Agencies Recommend Gutting of Homes with Tainted Drywall

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Homes with tainted Chinese drywall should be stripped down to the studs, according to a recent recommendation from two federal agencies, the Department of Housing and Urban Development (HUD) and the Consumer Product Safety Commission (CPSC). In a joint statement, the agencies stated that the corroded electrical wiring, outlets, circuit breakers, fire alarm systems, carbon monoxide alarms, fire sprinklers, gas pipes, and other systems should also be removed.

Articles

Association Must Process Foreclosures Through the Courts

Facts: A member sued her association for wrongful foreclosure. Beginning in January 2007, the member stopped paying her monthly assessment. In August of that year, after giving the member notice of default, the association conducted a nonjudicial foreclosure on her condominium and then sold the property.

Articles

N.Y. Banks Required to Maintain Foreclosed Homes

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A new law has taken effect in New York State that aims at protecting repossessed homes from becoming eyesores by requiring banks to maintain the properties during the foreclosure process, but before they legally own the homes.

Articles

Permission for Unit Addition Can Be Granted Without Amending Governing Documents

Facts: A condominium community's units were developed in several different styles. Some were built with two stories and others with one. Over time, several owners asked the board for permission to build second-story additions to their one-story units, and the board liberally granted permission.

Articles

New EPA Rule Requires More Care Around Lead Paint

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On April 22, 2010, a new federal Environmental Protection Agency (EPA) lead-based paint rule called “The Renovation, Repair, and Painting Rule” took effect. The new rule requires managers and associations to follow lead safe work practices when disturbing a painted surface in pre-1978 housing and child-occupied facilities. Disturbances can occur when painted surfaces are sanded, demolished, renovated, or repaired.

Articles

Discrimination Suit Settled in Omaha Housing Bias Case

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An Omaha condominium association and its former president have agreed to pay more than $127,000 to settle allegations of discrimination against families with children.

The association and its former president were sued in 2008 and accused of interfering with the sale of one of the units. The lawsuit claimed that the association's rules barred the sale or rental of condos to families with children. The lawsuit also alleged that the former president's conduct constituted a pattern of discrimination.

Articles

Board-Approved Special Assessment Deemed Valid

Facts: A condominium association raised its monthly assessment. A member continued to pay the old amount, claiming that he was not notified that the condominium's board of directors had approved the increase.

Articles

Members Didn’t Submit Evidence to Show Improper Assessment

Facts: A townhouse community charges its members an annual assessment. Since 1974, the assessment has increased three times. For a few years, some members did not paid their assessment because they believed that an increase imposed in 2002 was not valid. As a result of nonpayment, the association filed a lien on the members' properties and pursued foreclosure for a money judgment.