Association Responsible for Leaky Sewer Pipe
Facts: A member had a leaky sewer pipe two feet beneath the concrete slab underlying his condominium. The leak was discovered when liquid seeped up into the floors and carpet of the member's unit. The leak was reported to the association's president, who called property management, who then sent a plumber to make repairs.
Nevada Ruling Limits Collection Agency Fees
Nevada Financial Institutions Division Commissioner George Burns recently ruled that collection agencies for community associations in Nevada can no longer charge excessive fees. The decision limits collection agencies to nine months of back association dues and permits fees only as outlined under state laws. Any added fees or charges must first be approved by the association.
Member Allowed to Keep Pet Bird
Facts: A property manager wrote to a member, asserting that she was in violation of the community's governing documents by keeping a bird in her condominium and permitting it to chatter and whistle to the annoyance of other members. She was given two weeks to remove the bird or the association board would begin fining her $10 per day. The manager again wrote to her a month later, notifying her that fines were being assessed against her unit at the rate of $10 per day.
Bedbug Protection for NY Condo, Co-op Buyers
The New York State Legislature passed a law requiring city landlords to disclose any history of bedbug infestation before leasing an apartment. Real estate lawyers say that even though the law was intended to address rentals, bedbug disclosure has become an issue in the sales market as well.
Investor-Member Required to Pay Special Assessment
Facts: An investor bought eight condominium units within an association, giving him approximately 18 percent ownership of the building. The investor consistently paid maintenance fees for common expenses, and he also paid special assessments as needed for roofing repairs and painting.
At one point, the board met to discuss a special assessment for replacing the siding in the building. The members who attended this meeting did not object to the proposed special assessment, and the board approved the replacement of the siding of all the units in the building.
Association May Be Liable for Disability Discrimination
Facts: A member suffers from a paralyzed diaphragm and a thyroid disorder. These conditions limit her ability to walk significant distances without shortness of breath. The member qualifies for and uses a disabled parking permit. Also, diaphragm paralysis is a disability covered by the protections of the Fair Housing Act because the condition substantially limits one or more of the member's daily life activities.
Association Liable for Sewage Backup Damage
Facts: A member sued a condominium association and its managing agent for negligence for failing to maintain and repair the association's sewer pipes in the common areas. Since 1999, the member experienced repeated plumbing backups in his unit. In 2003, the member wrote a letter to the board complaining of the persistent problem and reported that the plumber who responded to the latest call had recommended annual maintenance of the drain lines serving the building.
Implement Safety Plan to Avoid CO Poisoning, Liability
With colder weather approaching, condominium associations with gas or oil heat need to worry about carbon monoxide (CO), a hazardous gas that's invisible and odorless. At least several hundred people die each year from CO poisoning, and thousands more become ill.
In one recent incident, a 24-year-old woman in Pittsburgh, Pa., was pulled unconscious from her unit after carbon monoxide had been leaking into her condominium building. Crews from the gas company determined the toxic gas was leaking from a faulty furnace.
Four Tips to Minimize Winter Slip-and-Fall Liability
At the beginning of every winter season, many associations begin to worry about the possibility of being hit with slip-and-fall lawsuits filed by members or guests. Although it's inevitable that accidents will occur, the association can try to make the community as safe as possible for members and consequently avoid liability for any slip-and-fall accidents.
FHA Condo Recertification Due Dec. 7, 2010
On Dec. 7, 2010, the Federal Housing Administration (FHA) condominium recertification process must be completed by each individual condominium complex in order to be eligible for homebuyers to receive FHA financing in their building.