Articles

A condominium association in Gatlinburg, Tenn., has filed a $1 million lawsuit against one of its members who it alleges has been using a blog to criticize the association's general manager and board for violating state law. The member says that he has made numerous requests to get copies of or view the association's books, but claims the association has refused to show him the paperwork.

With summer here, it's time to make sure that your community swimming pools are ready for action by checking their safety, insurance coverage, and legal compliance. Many associations do not conduct legal checkups, which is risky considering the number of lawsuits and regulations that exist.

The following is a list of things your association should check to ensure that the community avoids unnecessary risks and weathers any legal storm should an unfortunate accident occur at the pool this summer.

Facts: A community suffered property damage to various common areas and homes after a ditch overflowed as a result of heavy rains. The association filed a complaint against the city, the company that developed the community, and the individual partners of the company.

Except for the company, everybody else named in the lawsuit answered the association's complaint and are actively defending the lawsuit. The association asked the court for a default judgment against the developer company in its favor for failing to defend the claims against it.

One of the more difficult issues that an association and its manager deals with is what to do when construction defects are discovered in the community. Construction defect claims can be complex, time consuming, and expensive.

Facts: A member was assigned a parking space in an association's covered garage after he purchased his condominium in 1979. A few years later, the member purchased another parking space in the garage. Then in 1993, the member received a letter from the association informing him that his assigned parking space would be converted to a guest space.

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.

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.

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.

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.