Topics
3 Rule Violations That Won’t Go Away — and How to Handle Them
Most managers agree that dealing with rules violations is the worst part of their jobs. It doesn’t help that the same ones seem to occur again and again. Here are some of the violations that won’t seem to go away and how some associations and managers are tackling them. 1. STR "Get-arounds" Associations have implemented…
How to Respond to Employee Accommodation Requests at Your Management Firm
Is your association management firm among the employers out there that are unsure of how to proceed when an employee requests an accommodation for a disability, whether under the federal Americans with Disabilities Act (ADA) or a state counterpart? Messing up can prove costly, but our two-part article can help your management firm reduce its…
Can an Owner Sue for Premises Liability?
Condo associations in Michigan have to be pleased with a new ruling from the state Court of Appeals. The court found that condo owners can’t sue their associations for premises liability (Janini v London Townhouses Condo Ass’n*). Seems too good to be true, right? Read on to learn why it might be. Slip and Fall…
How to Handle Employee Accommodation Requests, Part 1
Is your association management firm among the employers out there that are unsure of how to proceed when an employee requests an accommodation for a disability, whether under the federal Americans with Disabilities Act (ADA) or a state counterpart? Messing up can prove costly, but our two-part article can help your management firm reduce its…
Fence Variation Lawsuit Is a Question of Authority
A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC). The fence…
Court OKs ‘After-the-Fact’ Fence Variance
A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC) (Mullor v.…
Are Community Associations Liable For Third-Party Crimes?
After two residents of a Massachusetts condo building were killed in their penthouse home by an intruder, their estates sued the association and the management company for wrongful death. The civil case has yet to go to trial, but a pre-trial ruling from the court is cause for alarm for both condo associations and managers…
Manager, Condo Association Have Duty to Protect Residents in Common Areas
After two residents of a Massachusetts condo building were killed in their penthouse home by an intruder, their estates sued the association and the management company for wrongful death. The civil case has yet to go to trial, but a pre-trial ruling from the court is cause for alarm for both condo associations and managers…
Why Appropriate Insurance Coverage Can Help Your Association Clients Avoid Costly Litigation
The increasing frequency and intensity of natural disasters—from wildfires to hurricanes—makes the procurement of appropriate insurance coverage more important than ever for community associations. If your clients don’t understand their responsibilities in this area under the governing documents and applicable state laws, they could end up in costly litigation. A North Carolina condo association and…
Association’s Allocation of Insurance Proceeds Leads to Lawsuit Loss
The increasing frequency and intensity of natural disasters—from wildfires to hurricanes—makes the procurement of appropriate insurance coverage more important than ever for community associations. If your clients don’t understand their responsibilities in this area under the governing documents and applicable state laws, they could end up in costly litigation. A North Carolina condo association and…