6 Suggestions For Homeowners Associations To Mitigate Their Exposure to Potential Liability

A recent case reported in Virginia Lawyers Weekly highlights the significant financial risk to homeowners associations (“HOAs”) when sidewalk maintenance is neglected. In this case, a resident tripped on an uneven sidewalk—maintained by the HOA—and suffered severe injuries. The injuries required surgery and 10 months of treatment, resulting in $200,000 in medical expenses. The plaintiff […]

Landlord is Not Liable for Slip and Fall Accident in The Middle of a Snowstorm (PA)

Landlords (and condominium and homeowners associations) are always worried about potential liability for slip and fall accidents. Luckily, the law in Pennsylvania has been very consistent on this issue. The case of Grace v. Graystone Court Villas is another good explanation of when a property owner is not responsible for a slip and fall accident.  […]

HOA Trips & Slips

Tripping and slipping can involve both embarrassment and serious injury. The ubiquitous banana peel slip always gets a chuckle, but too often the gravity (both the law and seriousness) of the situation can cause real and lasting injury.  In most of the world, the policy of Always Look Down (ALD) is essential to avoid injury. […]

Liability for Fallen (or Threatening to Fall) Trees (NC)

This year, in the aftermath of Hurricane Helene and other storms which have affected our region, we are frequently asked who is responsible for cleanup or damage from fallen trees. This blog won’t address Hurricane Helene issues directly, as this would require an in-depth discussion of insurance and complicated issues involving FEMA, State, and local […]

Liability Protection: How to Protect the Condo Association Against Increased Premises Liability Exposure (MI)

As recently decided by the Michigan Supreme Court in Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), a co-owner on the condominium’s common elements is now classified as an invitee under Michigan law entitled to have the premises made safe and warnings of known dangers thereon by the condominium association. […]

Lay of the Land: Has Washington State Resolved the Condo Liability Problem?

Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and the statute of limitations has now expired on the first condos subject to the new changes.    Listen to the podcast…………………………..

HOA Liability for Dog Bites (FL)

Most dogs are friendly and lovable pets. Sometimes, though, they bite and seriously injure someone. In fact, more than 4.5 million people are bit by dogs each year in the United States and almost 20% of them need medical care from the bite[1]. What happens if a dog bites someone in a common area of […]

New York Condo Boards and Management Beware: Eshaghour Case in Manhattan Sets Precedent for Individual Liability

A New York Supreme Court decision by Justice Lebovits in Board of Managers of The Promenade Condominium v. Eshaghour could significantly impact the condominium community, highlighting the potential for individual board members and their management companies to face personal liability for their actions. This ruling serves as a stark reminder that board members must act […]

Michigan Supreme Court Rules: Co-Owner May Maintain Lawsuit against Association for Injuries Sustained on Common Elements

In a divided opinion, the Michigan Supreme Court recently ruled that a condominium co-owner who was injured while on common elements of a complex can maintain a premises liability action against a condominium association.  In the case of Janini v. London Townhouses Condominium Association (Docket No. 164158; decided July 11 2024). The court held:    Read […]

Michigan Supreme Court Opinion and Co-owner Premises Liability Claims Against Condominium Associations

On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a co-owner of a condominium unit can bring a premises liability action against the condominium association. Condominium […]

Michigan Supreme Court Opinion And Co-Owner Premises Liability Claims Against Condominium Associations

On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a co-owner of a condominium unit can bring a premises liability action against the condominium association. Condominium […]

Courts May Be Expanding Condominium Association Liability Risks

Condominium associations have an obligation to maintain common areas. Are they also liable for damage to owners’ units if a common area component fails? While the typical answer is no because the Owner is responsible for the Unit by virtue of the condominium documents, a Massachusetts Superior Court addressed the question recently, and its answer […]

Boca Raton HOA Sued Over Electric Scooter Accident (FL)

A Boca Raton Homeowners Association is being sued by a man who claims the HOA’s poorly maintained parking lot led him to crash his electric scooter.  Robert Clarfield claims that the Villas of Boca Barwood is responsible for his accident.    Read the article…………………………….

Virginia’s Premises Liability Law and Swimming Pool Accidents

Swimming pools are a popular attraction during the summer months, offering a refreshing way to beat the heat. However, with great enjoyment comes the responsibility of ensuring safety for all pool users. In Virginia, premises liability law holds property owners accountable for maintaining safe conditions on their premises, including swimming pools. This blog post aims […]

Understanding Community Association Security Measures and Liabilities

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…………………………….

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 […]

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 […]

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 […]

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……………………………….

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 […]