Protect Community from Fair Housing Violations by Outside Contractors
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Communities often rely on a variety of outside contractors or vendors to perform services on their behalf ranging from landscaping to plumbing. If one of your members complains about harassment or discrimination by one of these contractors, it's not enough for you to apologize and explain that he doesn't work for the association.
Association May Be Liable for Slip-and-Fall
Facts: A member sued an association after she fractured her ankle when she slipped and fell while walking on the stairways and landing outside her condominium. The stairways and landing are within the common elements of the condominium property maintained by the association.
U.S. Foreclosure Filings Jump 30 Percent in February
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Foreclosure filings in the U.S. climbed 30 percent in February from a year earlier as the worsening economy thwarted efforts by the government and lenders to prevent homeowners from losing property.
Avoid Pitfalls When Leasing Condo Roof Space to Wireless Providers
In these challenging economic times, some condo associations are stretched to think of new ways to offset dwindling assessments. One potentially lucrative option is to lease rooftop space for antenna installation. The proliferation of cell phones, broadband, paging, wireless Web, and related technologies has driven the demand for wireless companies to increase their coverage areas and data transmission capacities.
Assessing Liability for Water Damage Caused by Leaky Roof
Q Due to a leaking roof, rainwater entered the building and caused damage to a condo member's unit. As is typical, the master deed of our condo association requires the association to maintain the roof and other common elements, and requires condo members to maintain the interior of the units.
President of Alternate Association Can’t Sue
Facts: A property owner wanted to profit from his land by establishing a common interest development. He subdivided his land into 16 lots and a large common area. He built homes on six of the lots, sold five of them, and kept one house for himself. The community was governed by an association in name only. There were no formal meetings from 1980 through 1997, and the original property owner acted informally on the association's behalf.
Use Community Volunteers to Boost Spirit and Trim Costs
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As the number of foreclosures and communities experiencing budget constraints rises across the country, many associations are taking a close look at how they can manage their community in an efficient and cost-effective manner. Some have been forced to increase assessments and cut back on services provided.
Management Company’s President Not Served Properly
Facts: A member sued her condo association and the president of its management company for imposing an allegedly invalid assessment on its members. According to the member, this assessment violated the governing documents and led to the illegal attempted foreclosure on her home.
Allowing Smoking in Common Areas May Invite Nuisance Claims
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As nonsmokers become more assertive about their right not to breathe secondhand smoke, there has been increasing litigation over the issue of smoking in condominiums.
A recent California case is an example of this, and it may push boards to consider eliminating smoking in the common areas of condominium communities. Although the case involves an apartment complex, there are similarities with how smoking in condominiums has been litigated—and will continue to be litigated.
Association Not Required to Give Member Insurance Proceeds
Facts: A water leak developed directly above a member's condominium. The member permitted a restoration company into his condo to dry the carpet and an environmental inspection group to inspect the premises. The inspection results showed that the member's condo contained visible microbial growth on the closet and bathroom walls. The association then asked the member to move from his condo so the remediation could be performed. The member denied that his condo had any mold and refused to vacate unless the association paid his relocation expenses.