Premises Liability for Community Associations

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…

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…

It’s not only Florida associations with alligators or California communities with mountain lions that can run into wildlife issues. Suburbs across the country are seeing coyotes and other unwelcome visitors. Managers have been recently reporting more wildlife sightings and episodes than in the past. “We live near the forest, so we normally deal with deer…

It’s not only Florida associations with alligators or California communities with mountain lions that can run into wildlife issues. Suburbs across the country are seeing coyotes and other unwelcome visitors. What can your clients do about it? Increasing Interaction with Animals Managers have been recently reporting more wildlife sightings and episodes than in the past.…

The conundrum of whether to provide lifeguards is real. “It creates an interesting debate within boards, and not everyone agrees,” says Kelly Richardson, a partner in the law firm Richardson Ober De Nichilo in Pasadena, Calif. “It’s not a bright-line issue with easy answers.” Here are some of the factors you should make sure your…

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow.”…

Owner record requests can prove a hassle for managers and their clients, but courts clearly favor greater access to less — let alone the denial of access. An association in Michigan learned this lesson the hard way when confronted with requests that even the state Supreme Court described as “longwinded” and “often difficult to follow”…

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…

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 (Sunset Green Homeowners Ass’n v. Spagenski). “I love this case because it supports an association’s right to enforce its covenants by requiring removal of a dog,” says Sandra Gottlieb,…

The Michigan Court of Appeals has ruled that regular weekly rentals violated an HOA’s residential use restriction, in a case we first covered in 2020 (Cherry Home Ass’n v. Baker). The decision is a potentially promising development in the ongoing battle against short-term rentals. Owners’ Arguments Shot Down — Twice The case involved a community…