Winter is a great season for many reasons. The beautiful snow makes a breathtaking landscape and means it’s time to go skiing. However, winter also brings ice, which increases the chance of someone slipping and falling. If someone slips on your association’s property, they may file a lawsuit or claim, so make sure you limit […]
Water Damage Issues Create Liability for Boards Under Breach of Fiduciary Duty Theory
In Schuh v. Plaza Des Plaines Condominium Association, No. 1-13-1999 (Ill.App.Ct. July 24, 2014), an Illinois appeals court affirmed a ruling that a condominium association breached its fiduciary duty to a unit owner by failing to promptly address a water infiltration problem that resulted in extensive mold damage to the unit. Read more……….
Duty of care owed to trespassers on community property
The decision reached in a recent appellate court opinion out of Palm Beach County is instructive in determining the duty owed by property owner to an undiscovered trespasser, a discovered trespasser and an invitee. Read more………
Who Is Responsible for Repairing the Condo Balcony Deck?
Fred owns a condominium that has a balcony. The deck of the balcony is a bit old and worn. It has developed cracks such that, if there is rain, the water leaks through. The deck needs to be repaired or, possibly, replaced. Who is responsible for this? Fred or the association? Read more……..
The Call of Duty: The Importance of Fiduciary Responsibility
When electing board members to serve on behalf of your community, you expect them to be on their best behavior and to think of the needs of the building and the people who live there when making their decisions. Regardless of the type of community they serve, board members have a responsibility to govern and […]
What Does this Thing Called Fiduciary Duty Mean for HOA Board Members?
As a new or current HOA board member you may often hear terms that you’re unfamiliar with. It’s important to ask questions and stay educated when something is unclear, and nothing can be more convoluted than financial jargon. From time to time you may hear that the Board of the homeowners association operates in a […]
Old Cases Ring True: A Review of Wolinsky v. Kadison and Breach of Fiduciary Duty Claims
As boards and managers take in the Palm II opinion and digest its consequences, we want to provide a few case briefs on existing condominium and homeowners cases that describe core legal concepts in the field. One case is Wolinsky v. Kadison, 987 N.E. 2d 971 (Ill. 1st Dist. 2013), a 2013 decision in a […]
A Breakdown of Arizona HOA Fiduciary Law
In the HOA management industry, we often run into board members who not only don’t understand a law, but don’t even know it existed in the first place. Sure, most have a basic idea of what they can or can’t do and why they can or can’t do it; but, as a result of a […]
How to Avoid Common HOA Lawsuits
Lawsuits are an unfortunate and inevitable feature of modern business. That goes for institutions and incorporated entities like HOAs as well. While it’s unlikely that an HOA will be able to avoid all lawsuits entirely, there are steps they can take that will at least eliminate some of the possible lawsuits from ever happening. […]
Condominium Council (MD) Held In Contempt Of Court For Failing To Make Common Element Repairs
In a case in which my colleague, Jack Boyd, and I represented the unit owner, the Circuit Court for Baltimore City has held a high-rise condominium in contempt of a prior order of the Court to undertake and complete repairs to the exterior common elements needed to make the building watertight. Read more…….
All you Need to Know About the HOA Laws
When members of a homeowners associations’ Board of Directors take office, they often aren’t prepared for what their job will require of them—particularly the legal aspects of being a board member. The average board member will most likely be unaware of the various types of financial roles they must play, or legalities they must adhere […]
“A Man Cannot Serve Two Masters”-Directors and Breach of Fiduciary Duty
This past weekend, I visited my daughter who is a freshman at Washington University in St. Louis. I had asked if I could possibly attend a law school class at some point during my visit since my daughter had her own undergraduate classes to attend throughout the day.
Condo-Specific Responsibilities — Board and Owner’s — for Dealing with Bedbugs
In co-ops, as we all know, shareholders are technically lessees governed by proprietary leases. For that reason, residents are covered by the warranty of habitability, which requires owners of rental building, including co-op boards, to maintain the property in a habitable condition — and so it’s the co-op’s responsibility to deal with bedbugs. But condos? […]
Follow These Basic Steps When Writing a Strategic Plan for Their Community
Plan development is the first component of strategic planning. During this stage, the following steps should be completed. Read more…
The role of an HOA Board
A Homeowners Association (HOA) is the governing body of a planned unit community, or real estate development. It’s created so that the organization and maintenance of the common areas are properly supervised. The ruling documents, which are referred to as the Declaration of Covenants, Conditions and Restrictions (CC&R’s), and the By-Laws, specify the HOA board’s […]
“So What If You Don’t Fix It Right Now?”
As we know, a Condominium Association has many duties and obligations to fulfill including the collection of assessments, and the enforcement of the provision of the Condominium Documents.(1) In addition, the Association also has another very important duty: the maintenance and repair of the common elements. This duty not only is relevant to the aesthetics […]
Directors’ Duties
We frequently talk about directors’ “fiduciary duties” to their associations and their members. While CCIOA seems to say that non-declarant directors do not have a fiduciary duty (it says no director nor officer shall be liable for actions taken or omissions made in performance of such person’s duties except for wanton and willful acts or […]
Board & Managers Responsibilities
Residents who purchase units in condominiums, townhomes and co-ops, don’t always understand the roles and responsibilities of the Board of Directors and the Property Management Firm. This checklist provides some insights.
Fiduciary Duty: What Boards & Residents Should Know
Being elected to the board of directors of a co-op or condo comes with a great deal of power, and with that power also comes a great deal of responsibility. Whether they serve a co-op or condo community, board members, in their position of power, have a responsibility to govern and make decisions on behalf […]
What is “Reasonable”?
Reasonable is a term that is used a lot in the world of homeowner associations. It is a term that can have different meanings depending on who is interpreting the term and in what context the term is being used. According to Meriam-Webster’s Dictionary, the term reasonable means, “1a : being in accordance with reason; […]
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]