A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property. Read the article…………………………….
Resident calls on the community for help, City and HOA said their hands are tied (OK)
An Owasso resident calls on the community to help fix a broken park bridge after the city and neighborhood HOA said their hands are tied. The bridge in the Three Lakes neighborhood is completely falling apart. With the unkept conditions, it’s a huge liability, and danger to the kids who play or those who want […]
Family of deceased man files lawsuit against Pompano Beach condo for failing to protect its residents (FL)
The family of a deceased man is suing a Pompano Beach condominium, which they said, is responsible for the death of their family member. The family said 87-year-old Vincenzo Cammalleri died, and his friend is still badly ill, after getting infected with Legionnaires disease, a pneumonia that spreads when a bacteria is inhaled or when […]
Anatomy of a fall: Florida condo case to decide who to blame for dangerous balcony
On the second day of vacation with his wife and kids, David Casey was sipping a glass of pinot noir on the balcony of a rented condo in the Florida Panhandle, taking in the night view of the beach. As Casey leaned against the wooden railing on the third-floor unit in Seacrest, it suddenly gave […]
Video Cameras—for Surveillance Purposes Only (FL)
Many associations have installed video surveillance cameras within the community common areas as a means to provide security for their residents. However, good intentions often lead to unanticipated consequences. In fact the use of video cameras may expose an association to liability. Read the article…………………………….
Condo Boards: Know Your Responsibilities to Avoid Liability (NY)
Condominiums have a contractual duty to maintain common elements. While the business judgment rule normally protects condo board members from personal liability if their choices seem unwise, it won’t shield the condo if the board breaches its contractual obligations to owners. Boards who neglect these responsibilities could open the condominium up to significant liability. Read […]
Cameras, Are the Risks Worth the Rewards?
As technology has evolved and home security/camera systems have become more affordable and accessible, many associations have grappled with the question of cameras (both association and owner) and whether cameras should be installed: (1) on common areas to “protect” the association and to help control theft and vandalism in the community; or (2) on individual […]
How Strong Is Your Liability Shield? Understanding Bylaws & Board Actions (NY)
Could your condo bylaws save you from a costly lawsuit? A recent Brooklyn court decision highlights the critical role bylaws play when unit owners and their Board of Managers clash. Read the article…………………………….
New York Court Decision Highlights the Importance of Corporate Guidance for Board Member Protection (NY)
A recent New York Appellate Division decision (Cortlandt Street Recovery Corp. v. Bonderman) underscores the significance of retaining experienced corporate counsel to protect both corporations and their board members from potential liability. The court rejected the plaintiff’s attempt to hold various related entities collectively liable for the actions of one, highlighting the complex challenges in […]
No Common Areas In Your HOA? Do You Still Need HOA Liability Insurance?
An HOA liability insurance is essential. It protects your homeowners’ association against liability claims. But what if you don’t have shared spaces in your HOA? Do you still need the insurance? Read the article………………………..
Washington Court of Appeals Upholds Condo Declaration’s Exculpatory Clause
The Washington Court of Appeals recently ruled in an unpublished opinion that a condominium’s declaration exculpated the condominium association from any liability arising out of an owner’s claim that the association neglected to maintain a common element. Read the article………………………..
Are Your HOA Volunteers Covered for Injuries?
Homeowners Associations (“HOAs”) rely on the efforts of their volunteer directors, officers, and committee members to perform all manner of tasks needed in assisting the HOA with its operations. Participation by these HOA volunteers in common tasks such as site inspections, including slope inspections, landscape committee walk-throughs, and even meeting room set up and take […]
Mother sues vacation home owners after her son was injured in shallow water (TX)
A mother is suing the owners of their rented vacation home and the subdivision in which it is located after an accident on a family vacation led to serious injuries for her teenage son. Read the article………………………..
Reconsidering The “Open And Obvious” Doctrine: Implications Of The Michigan Supreme Court’s Landmark Decision
In a significant ruling that affects property owners throughout the state, including Michigan’s community associations, the Michigan Supreme Court substantially altered premises liability law. On July 28, 2023, the Court ruled in the cases of Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger, overturning the long-established “open and obvious” doctrine. Read the […]
Is a Michigan Condo or HOA Liable for Criminal Acts of Third-Parties?
Whether there is an increase in violent crime or an increase in reporting and coverage of crime, it seems that our lives are constantly being inundated and interrupted with reports of violent activities. Your home is your castle, your safe space. But imagine the worst-case scenario where a crime occurs and that sense of safety […]
Reach for the Sky! — Civil Liability and Insurance Cost and Coverage Implications of Shootings and Other Violent Criminal Acts in Common Areas (CO)
How concerned should Colorado common interest communities be about civil liability arising from third-party criminal acts committed on the Common Elements? Until recently, a common answer may have been something like: Not terribly concerned at all, especially in communities where individual owners share fractional, undivided interests in the Common Elements. Read the article………………………..
Woman Claims Critical Injury On Bench Press (FL)
The G.L. Homes community of Valencia Reserve is being sued by a homeowner who claims she was critically injured on fitness equipment that should have been maintained — but wasn’t. The suit names Valencia Reserve Homeowners Association and Total Health Systems as the Defendants. G.L. built but does not run the community. Read the article………………………..
New Law Limits Premises Liability Related to Criminal Activity (FL)
A new law, which became effective on March 24, 2023, is intended to limit the liability of the owner or principal operator of a multifamily residential property for criminal acts that occur on the premises which are committed by third parties who are neither employees nor agents of the owner or operator. Read the article………………………..
Is There Liability for Dangerous Wild Animals in Your Community? (FL)
With the ever-increasing development in Florida, especially in South Florida, we are once again reminded that we live in close proximity to a number of native, exotic, invasive, and at times dangerous wild animals. Tragically, and all too recently, in St. Lucie County an 85-year-old woman died while trying to rescue her dog from an […]
Can an Insurance Broker Be Liable if a Loss Is Not Covered by Insurance?
What happens when, due to a negligent error by the insurance broker, a business suffers property damage that is either not covered, or not fully covered, by what the insured thought was an insurance policy they purchased through the broker to cover the risk? Can the insured look to its insurance broker to cover the […]
Florida Professional Service LLC Personal Liability Protections: Perks and Pitfalls
Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally liable for the LLC’s obligations […]
‘Wrongful Acts’ Includes Both Negligent and Intentional Acts (IL)
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had a duty to defend an insured condominium association and its board members against an underlying lawsuit because the association’s board members allegedly committed “Wrongful Acts” under the directors and officers coverage part of a business […]
How a court ruling in a double homicide could cost condo owners millions (MA)
AJuly decision by a Superior Court judge could open the door to holding condominium associations responsible for the safety and security of building occupants if the threat is reasonably foreseeable. And that could mean big costs for condo owners if properties are found to be negligent. Read the article………………………..
Condo Column: A limit on liability (NH)
Well, this is good news. I am involved in a slip and fall case at a condominium association where the boyfriend of an owner allegedly slipped and fell on a porch and injured his ankle. Almost three years after the incident, which was never reported to the association, the boyfriend filed suit claiming negligence on […]
How Much Liability Insurance Can Co-op and Condo Boards Require? (NY)
Most New York City co-op and condo boards typically require shareholders and unit-owners to carry $300,000 to $500,000 in liability insurance, Jeffrey Schneider, president of Gotham Brokerage, tells Brick Underground. The cost is about $25 to $50 per year and is purchased as part of a comprehensive homeowners insurance policy. Read the article………………………..
Are owners’ baked goods a liability concern? (IL)
Q: From time to time, owners in our building bake things like bread, cookies and cakes, and leave them on a table in our lobby for other residents to enjoy. The board is concerned about liability exposure for the association if we allow this. Should the board be concerned? Read the Q&A……………………………….
Slips and Falls by Co-owners on the Common Elements of Condominiums: Who, If Anyone, Is Liable? (MI)
On February 1, 2022, in Janini v London Townhouses Condo Ass’n,[1] the Michigan Court of Appeals (“COA”) held that a co-owner of a condominium unit could not bring a premises liability action for a slip and fall that occurred on the common elements of the condominium because he was not a licensee or invitee, but […]
Serving Alcohol at HOA Events
Summer is almost upon us! And, with it comes a plethora of exciting community events: barbecues, pool parties, music in the park concerts, movie nights, and so much more! Especially during weekend events, your community may be tempted to serve alcoholic beverages. Homeowners may request it, and social committees may conclude that these drinks will […]
Community Association Liable for Negligently Installed and Maintained Bollard (FL)
In one recent appellate court case, J.L. Property Owners Association, Inc. v. Schnurr, 2022 WL 39421 (Fla. 4th DCA, January 5, 2022), a developer was found not liable for injuries sustained by a bicyclist who collided with bollards installed by the developer on an association’s common area promenade. Read the entire article……………………………….
HOA board members who do repairs create liability issues (NV)
Q: Have you written any articles regarding any statute language or simply listing reasons why board members should not do work, such as painting or simple maintenance repairs to the community? I am reaching out to the current insurance provider to get their opinion. Read the Q&A……………………………….
Lifeguard Shortages: What HOAs Should Consider
Q: Our community is having difficulty finding lifeguards to staff the pools this summer. How can we minimize liability if we choose the “swim-at-your-own-risk” approach? Read the Q&A……………………………….
How Can the Board of Directors of an HOA Be Held Liable?
An HOA board of directors has a fiduciary responsibility to the association. They’re tasked with upholding the governing documents and the rules of the association. There’s also the business judgment rule that says if the board receives expert advice on a topic, and they follow that expert advice, it provides them with a level of […]
Distinguishing between maintenance responsibility and financial responsibility in the wake of damage to condominium property (FL)
Forgetting to turn on the air conditioner before heading back up north for the summer and coming back to find mold growth. An undetected pipe leak. Forgotten running faucets that spill over onto the floor and beyond. Read the entire article……………………………….
Is a Condo Association Liable For Co-Owner Dog Bites? (MI)
Most condominium bylaws will contain some form of restrictions on animals. Enacting animal restrictions is a prudent approach for condominium and homeowners association to protect the members of their community. However, the adoption and enforcement of animal restrictions are not a guarantee that a dog will not bite another animal or human. Read the entire […]
Pool Guy Slips, Falls, Now Sues Boca Raton Condo Association (FL)
A man whose job involves water is suing the Mizner Tower Condominium Association after he claims he slipped and fell while working on the property. Read the entire article……………………………….
Avoiding Disaster: Strategies to Limit Liability Risk in the Wake of the Surfside Condominium Collapse (CO)
In the wake of the Surfside condominium catastrophe, many communities are grappling with how to address risks associated with aging and deteriorating infrastructure. Among the many lessons learned, the importance of deliberate and long-term financial planning and the avoidance of deferred maintenance may be one of the most paramount. Read the entire article……………………………….
FBI Busts $31 Million Trip-and-Fall Insurance Scam (NY)
Two doctors and two lawyers have been indicted on charges that they ran a sophisticated $31 million fraud scheme that recruited more than 400 homeless people and drug addicts to stage trip-and-fall accidents, then undergo unnecessary surgical procedures. Personal-injury lawsuits and falsified insurance claims were then filed against the owners of the targeted properties, possibly […]
Florida Laws May Complicate Assigning Liability in Surfside Condo Collapse
The collapse of a condominium tower near Miami will set off years of litigation as victims and their families look to find fault among the building’s management as well as engineers, architects and others, according to legal experts. Disaster struck in Surfside, Florida, on June 24 as a major repair project was beginning, although the […]
Miami Condo Collapse Raises Questions of California Liability for Dangerous Property
The horribly tragic Miami condo collapse raises questions about liability for dangerous property in California. The legal theory that covers injury from dangerous property is called premises liability. In other words, I have been thinking about who is responsible for this horrific condo collapse that has taken so many lives, and who would be liable […]
Liability lessons learned from the tragic collapse of Florida’s Champlain Towers
Over the years I have driven through many cities and towns in Florida, vacationing in condos just like the Champlain Towers in Surfside. Most of the multi-story structures in Florida are made of concrete; block buildings held together with fortress-like strength with mortar, rebar, poured concrete lintels, pillars, and fasteners of every type. Read […]
Is Your HOA Gate Opening To Increased Liability? (FL)
When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance is […]
Slip and Fall on Sidewalk in Housing Cooperative (MI)
In dismissing a slip and fall case that occurred in a common area, the Michigan Court of Appeals delved into the differences between a housing cooperative and a condominium. Jeffrey-Moise v. Williamsburg Towne Houses Cooperative, Inc., No. 351813, 2021 WL 650475 (Mich. Court of Appeals, approved for publication on April 1, 2021). Read the […]
Is Your HOA Gate Opening to Increased Liability? (FL)
When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance is […]
Umbrella Insurance Policies Have Sprung a Leak (NY)
Co-op and condo boards seeking protection from excess liability – such as a serious injury to a worker during a facade project – are finding that the umbrella policies of yesteryear, with their high coverage limits and relatively low premiums, are a thing of the past. In today’s so-called “hard” insurance market, the math has […]
Property Damage Claim and General Liability Coverage/Denial (CA)
When there is a potential for litigation regarding property damage, your association’s legal counsel will sit down with the Board of Directors to analyze whether the alleged property damage resulted from the association’s negligence in any form. If the association is put on notice of a potential negligence claim, it is advisable to immediately report […]
Navigating the Insurance Liability Claim Minefield
We have faced a lot of new frontiers as a community this year—Zoom meetings, increased digital sharing of information, how to safely open community common areas, how to allow business partners to complete their work at the community without disrupting concerned residents—all while handling the additional influx of action items and working in a new […]
HOA Volunteer Projects: Cost-Saving or Liability in Waiting? (CO)
It is not uncommon for HOA Boards to need and want additional help with projects around their HOA community. This help often can come in the form of volunteer Homeowners and self-help projects undertaken by Board members. While this form of help can be cost-saving for many HOAs, the Boards must consider the potential liability […]
Navigating the Insurance Liability Claim Minefield (CO)
We have faced a lot of new frontiers as a community this year—Zoom meetings, increased digital sharing of information, how to safely open community common areas, how to allow business partners to complete their work at the community without disrupting concerned residents—all while handling the additional influx of action items and working in a new […]
Contractors using Subcontractors and Your Community Liability
It’s inevitable: at some point, a community association needs to hire a contractor. Some need their contractors for standard maintenance, others hire help for repair after an emergency or national disaster; but no matter why your HOA is looking into hiring a contractor, you should know that they don’t always work alone. Contractors oftentimes hire […]
Fireworks Within Community Associations Spark Complaints and Liabilities (FL)
With the approaching July 4th holiday weekend community associations are on high alert and warning residents of the consequences and potential dangers of violating rules which prohibit setting off fireworks and the like. Read the article…………………………..