eAlerts

A federal district court is allowing a former resident to pursue a lawsuit against an HOA and its management company alleging liability for an owner’s racial harassment. “The meat and potatoes of this case is really the hostile environment claim and whether the association and manager did enough to stop it,” says Kevin Hirzel, managing…

A California HOA’s governing documents supported its board’s decision to order the removal of a dog with a history of injuring both humans and other dogs. “I love this case because it supports an association’s right to enforce its covenants by requiring removal of a dog,” says Sandra Gottlieb, a founding partner of California homeowner…

The state of Maryland recently passed a new law after an HOA’s demand for the removal of basketball hoops raised questions of racial discrimination. The Maryland law generally prohibits condo associations and HOAs from imposing “unreasonable limitations” on the location and use of portable basketball hoops on an owner’s property. A state legislator initiated the…

A Miami-Dade County grand jury has issued its report on the Surfside condo collapse, including several recommendations for making buildings safer. “I expected something scary and extraordinarily difficult to do, and that’s exactly what the grand jury recommended,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. The…

From relocating an invasive flock of peacocks to reducing fire fuel and dealing with the effects of coastal erosion, community associations increasingly are working with government officials to resolve problems. “There are a lot of opportunities for managers and boards, before they start going the road on an issue, to step back and ask agencies…

Kickbacks can cost both you and your clients, but your managers might not even know when they’re receiving one. Teaching your employees to recognize and sidestep such wrongful transactions can reduce the risks to your bottom line. Just what type of arrangement qualifies as a kickback? “It’s generally receiving something of value in exchange for…

An Illinois state court has sent a warning signal to association management firms about the fees they charge for disclosure documents. Disagreeing with a federal court ruling to contrary, the court held that owners can sue a manager for charging excessive fees under the state condo law. In reaching its decision, the Illinois Court of…

Community association management companies (and their clients) have a valuable tool available for growing their staffs and reducing their tax bills at the same time — the Work Opportunity Tax Credit (WOTC). And they may not even be aware of it. “The credit is very overlooked,” says Jamie Dokovna, a shareholder in the Florida law…

The Illinois Court of Appeals recently ruled that a condo association must provide only those accommodations that reduce the effects of a disability so that a requesting resident isn’t disadvantaged because of the disability. This standard proved too high of a hurdle in a recent discrimination lawsuit brought by a particularly litigious owner in a…

Savvy community association managers have realized for some time that rising sea levels —whether in oceans, lakes, or rivers — pose a threat to their clients. “The problem is that it’s such a slow creep that it’s not visible to the naked eye,” says Brad van Rooyen, president of HomeRiver Group-Florida, the management company for…