Community Association Governance

Court OKs the use of COVID Risk Waiver Forms

A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19. The court found an association’s requirement that users of the common area pool first sign an assumption of risk form reasonable. Such forms are becoming more common. “We have…
Community Association Governance

Court Upholds Mandatory Assumption of COVID-19 Risk Form

A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19. The court found an association’s requirement that users of the common area pool first sign an assumption of risk form reasonable (Norman v. Foxchase Owners Ass’n, Albemarle Cty. Oct.…
Community Association Governance

Court: Business Judgment Rule Doesn’t Apply to Association’s Assessment Allocation Scheme

You and your clients probably think the business judgment rule protects their good faith interpretations of their governing documents, but a recent ruling from the Washington Court of Appeals raises questions about that. The court held that the rule applies only to individual directors and not to associations themselves (Bangerter v. Hat Island Community Ass’n,…
Crime & Security

Should Your Clients Install Automated License Plate Readers?

Community associations increasingly are installing automated license plate readers (ALPRs) as a way to bolster security. “As people get more used to the technology, I think more associations will go down this path,” says Kevin Hirzel, managing member of Hirzel Law, PLC, a Michigan-based firm that works with community associations, “especially if they’re looking to…
Featured Articles

Read All About It: Should Your Clients Install Automated License Plate Readers?

Community associations increasingly are installing automated license plate readers (ALPRs) as a way to bolster security. “As people get more used to the technology, I think more associations will go down this path,” says Kevin Hirzel, managing member of Hirzel Law, PLC, a Michigan-based firm that works with community associations, “especially if they’re looking to…
Human Resources & Employment Law

Don’t Get Hit With a COVID Employment Bias Claim

The federal government’s initial response to the COVID-19 pandemic included passage of the Emergency Paid Sick Leave Act (EPSLA) — a law that community associations and managers could inadvertently violate if they’re not careful. An association in Florida learned that the hard way when an employee it had terminated sued it under the law. That…
Community Association Governance

New Hope for Dealing With the Issue of Short-Term Rentals

Even during the pandemic, short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions. “With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff,…
Featured Articles

Are You or Your Clients at Risk for COVID Employment Discrimination Claims?

The federal government’s initial response to the COVID-19 pandemic included passage of the Emergency Paid Sick Leave Act (EPSLA) — a law that community associations and managers could inadvertently violate if they’re not careful. An association in Florida learned that the hard way when an employee it had terminated sued it under the law. That…
Community Association Governance

Be Careful Not To Overstep When Trying To Keep COVID Out

A Los Angeles condo association received bad news when it recently landed in court after prohibiting a disabled octogenarian owner and her two caregivers who had tested positive for COVID-19 from its high-rise building. Not only did the trial judge grant the owner a preliminary injunction preventing the association from blocking entry, he also found…
Featured Articles

Help Your Clients Avoid Stumbling into Fair Housing Problems, Part 1

Want to help your clients avoid some dangerous territory in terms of both money and reputation? Here’s one easy way — educate them about some of the ostensibly innocent practices they engage in that could land them in court for fair housing violations. Our experts have identified several that might come back to haunt a…