Departments

An owner sued an association for breach of contract and negligence after its tenant moved out because its unit was flooded with raw human sewage. What happened? The owner in the case leased its building to retailer Pier 1; the lease was set to expire in February 2016, but Pier 1 had the option to…

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…

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.1. Perform thorough…

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…

The ongoing challenges of the COVID-19 pandemic have led to frustration and even burnout for many community association board members and other volunteers. As a result, some associations are struggling to fill more openings than typical. “It’s getting harder and harder, it really is,” says Paul Grucza, director of education and client development at the…

An owner sued an association for breach of contract and negligence after its tenant moved out because its unit was flooded with raw human sewage. An Indiana state court found a breach of contract but dismissed the negligence claim (Castleton Corner Owners Ass’n, Inc. v. Conroad Associates, L.P.). Here’s what you need to know about…

In January 2021, a federal district court declined to dismiss an HOA and its management company from a lawsuit alleging liability for an owner’s harassment of another resident under the federal Fair Housing Act and the Indiana Fair Housing Act.

The Indiana case involves what the court called an owner’s "race-based campaign of harassing, taunting, and threatening African American and Latino residents, guests, and contractors," leading to the creation of a racially hostile environment at the HOA. It demonstrates one of today’s biggest, and still evolving, fair housing risks — liability for neighbor-to-neighbor harassment.

In this special report, we explore the latest developments in this and three other particularly high-risk areas. In addition to liability for neighbor-to-neighbor harassment, we dig into liability issues that can arise related to the handling of requests for reasonable accommodations, familial discrimination, and the lack of sensitivity to shifting norms. And we provide fresh advice for heading off liability in a time when discrimination of all kinds is at the forefront of discussion.

It’s up to managers to stay abreast of the issues and share their knowledge with their clients. We hope this report helps.

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The ongoing challenges of the COVID-19 pandemic have led to frustration and even burnout for many community association board members and other volunteers. As a result, some associations are struggling to fill more openings than typical. “It’s getting harder and harder, it really is,” says Paul Grucza, director of education and client development at the…

After numerous allegations of abusive behavior, a Chicago condo association imposed a $500 fine on an owner. It led to years of costly litigation, a $125,000 payment to the owner, and a court ruling that could haunt associations for years to come. The owner had a long history of bad behavior. According to deposition testimony,…