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…………………………..
Condominium Found To Have No Liability Coverage When Association Member Sues Association Which Contains Certain Exclusions
A recent case decision, Mt. Hawley Insurance Company v. Aquasol Condominium Association, Inc.,1 should have all association board members, condominium property managers, and condominium general counsel asking their insurance agents what will happen if their own association members sue the association. A recent case says there is no coverage for the cost to defend the […]
San Rafael Tree Trimmer Killed By Falling Tree In Mill Valley (CA)
Martinez was removing trees on behalf of a homeowners’ association between Blue Jay Way and Chamberlain Court when he was struck by a falling tree and suffered traumatic head and body injuries, Chief Deputy Coroner Roger Fielding said. Read the article…………………………
Can Board Members be Sued
Board members can be sued personally but only within specific parameters. Even though board members have a fair amount of protection under the law, it is a fairly common occurrence in Florida for board members to be brought into lawsuits as direct defendants. While those types of lawsuits generally are not successful, the association should […]
Limitation on HOA Tort Liability for Failure to Uphold Maintenance Obligations (CA)
One of the primary purposes for which a homeowners’ association (“HOA”) is formed is to maintain and repair the HOA’s common areas, as well as any other areas designated within the HOA’s recorded Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) (i.e., HOA Maintenance Areas). Faithfully executing the maintenance obligations under the CC&Rs is important to […]
HOA Tips for Handling Snow Removal
Our association wants to reduce snow removal costs. We’re looking at everything from landscaping companies to a neighbor with a plow on his truck. What liability issues should we be considering? Read the Q&A……………………….
Condo manager defeats lawsuit over stone that fell on boy (MD)
The Maryland Court of Special Appeals has affirmed a lower court’s ruling of summary judgment for Summit Management Inc. in negligence case over a child’s injuries. Read the article………………………..
No Diving: What You and Your Property Manager Should Know Could Hurt You (FL)
In an unpublished opinion from the 11th Circuit Court of Appeals, a three-judge panel unanimously reversed summary judgment which had been entered in favor of a property management company — Paradise Beach Homes (“PBH”) — in a premises liability suit which alleged PBH failed to warn guests about the danger of diving off the pier […]
Golf Course & Community Liability: Who is Responsible When Balls Do Damage (TX)
Living near a golf course is a dream for those who love to play the popular sport. When the swing of a golf club sends a ball through a nearby window or into a car, questions of liability quickly arise. Someone must pay for the repairs and discovering who the responsibility belongs to isn’t easy. […]
Management of Negligence and Premises Liability Claims (CO)
Our clients frequently ask about the community’s potential legal liability for conditions and activities in the common areas or for claims asserting negligence. This article summarizes those legal standards and some of the considerations and criteria which may affect a community’s responsibility. The legal standards based on premises liability and general negligence concepts are well-settled […]
Indemnity and the Association (FL)
Indemnification. A scary word and a confusing subject. However, almost all contracts for services contain requirements for one party to indemnify the other from damages. Often these clauses are in small type of allegedly “standard form” agreements. For purposes of today’s blog, let us discuss non-construction services. Indemnification for construction contracts is governed by section […]
Agency Law and Your HOA or Small Business (NC)
“If a singular board member of an HOA incorrectly tells an owner that a requested fence installation is approved, does it bind the HOA? I recently had a board member tell an owner he was approved incorrectly.” Seems simple, right? If an architectural review request did not go through the right procedure and was not […]
Top Risk Management Issues for Florida Condo Developers: Part II
The liability assumed by condominium developers in Florida is both significant in breadth and in duration. Under Florida’s Condominium Act Warranty Law, developers are as equally liable as the contractor to unit owners, successor owners and the association for “fitness and merchantability for the purposes or uses intended.” Fla. Stat. 718.203. Read the article………………………
Sidewalk Defects Liability: In Most States, Size Matters
Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow its own policies regarding inspection, maintenance, and repair of miles of sidewalks. Understanding the potential […]
Former SEC chief accountant sues his HOA over bicycle crash, wins $41 million award (FL)
A Palm Beach County jury has awarded $41 million in damages to a former Securities and Exchange Commission official who suffered severe injuries in a bicycle crash in his Jupiter neighborhood. James Schnurr was forced to leave his job as the SEC’s chief accountant in 2016 so he could recover from the April 2016 crash. […]
Serving Alcohol For an HOA Event
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! During the summer, it may be tempting to serve alcohol at HOA events. However, serving alcohol at HOA-sponsored events comes with great responsibilities as there are […]
Former security guard found guilty of murder in Chesapeake ‘Pokemon Go’ trial (VA)
A jury has found a former security guard guilty of second-degree murder in a 2017 fatal shooting in Chesapeake. 60-year-old Jiansheng Chen was inside a minivan in Chesapeake’s River Walk community when he was shot by Johnathan Cromwell, a security guard employed by CityWide Protection Service at the time. Cromwell was also found guilty of […]
FHA Tips: Fidelity Insurance
When the Federal Housing Administration (FHA) is reviewing a condominium association’s application for certification, there are serval criteria that can trigger an immediate rejection. In our work with clients, the most common issue we see is the association’s fidelity policy falling short of FHA guidelines. Read the article………………….
Kass: Insurance and Animal Bites
Question: My condominium association is overrun with dogs. We are concerned that someone will be injured, and we will be sued because we did not impose the proper precautions. What should we do? Read the Q&A…………………..
Creating Conditions That Lead To A Horrific Accident Does Not Always Create Legal Liability (FL)
From a recent Fourth District Court of Appeal case, Seminole Lakes Homeowner’s Association, Inc. v. Esnard, decided December 19, 2018, we once again learn that application of prior case law sometimes creates strange and convoluted results. Just because an association negligently creates obvious conditions for an accident to occur does not necessarily mean the association […]
Indemnification Provisions and the “Vouching In” Rule – – The Most Dangerous Contractual Provision You Probably Don’t Know About
If you have been in the business world for any reasonably length of time, or if you have leased property or entered into a contract for construction or remodeling, you have probably been a party to a contract that contains an indemnification provision. Read the article…………………
Woman says unsecured umbrella at community pool inflicted head injury (TX)
A Katy woman alleges in a state district lawsuit that an unsecured object struck her at the grand opening for a community pool more than a year ago. Harris County District Court records show that Sandra Carrillo filed the suit against Planned Community Management, Inc. and Cane Island Community Association on Dec. 10. Read […]
Limiting Director Liability – Because the Pay Just Isn’t Enough (CO)
I want to serve on my community’s board of directors for the lucrative salary . . . said no board member ever! Nevertheless, serving on the board of directors for your community can be a satisfying and rewarding experience. But sometimes boards hit rough patches and fall under the scrutiny of their owners, who can […]
Do directors and officers have to worry about getting sued personally? (FL)
Around this time of year there usually is a call for candidates to submit their names to be directors of their condominium or homeowners’ association for vacant seats coming up at next year’s annual meeting. Most associations have five to seven director seats usually with either one-year terms or two-year staggered terms. Read the […]
Murder in Apartment 3P (NY)
It was a grim and bloody night at the Sea Cliff Towers co-op on Staten Island. The New York Times carried this terse account: “A fight between two friends who were dating the same woman ended in the death of one of them, the police said yesterday. On Wednesday night, Michael Cafferata, 33, was visiting […]
Mountain Law: New Colorado law affects liability under snow and ice removal contracts
In the last state legislative session, the General Assembly passed, and Colorado Governor John Hickenlooper signed into law, Senate Bill 18-062 known as the “Snow Removal Service Liability Act.” The act is formally expected to go into effect in August 2018. The act is based on model legislation drafted by an industry trade group known […]
Summertime is almost here; is your HOA playground ready?
By now, homeowners associations and their community managers have discussed the recent $20 million award against an association for failure to eliminate playground hazards. According to insurance companies, the majority of playground injuries stem from falls or impact with climbers and swingers. Fatalities occur because of strangulations and elevated falls. To eliminate playground hazards requires […]
Defibrillators: Is The Liability Worth The Risk?
According to the American Heart Association, sudden cardiac arrest (“SCA”) is a leading cause of death in the United States. It is estimated that more than 350,000 lives are taken each year due to the abrupt loss of heart function. However, with technological advances, the number of deaths due to SCA have been lowered through […]
There’s No Such Thing as a Cheap Harassment Suit (NY)
While the headlines about the latest sexual harassment claims may go to big names in Hollywood, Washington, and Silicon Valley, co-op and condo boards in New York City need to realize they’re not immune. And they need to develop a harassment policy right now to protect themselves. Read the article………………..
Naugatuck Woman Secures $250,000 Settlement After Fall on Ice (CT)
A 55-year-old Naugatuck woman, who injured her left ankle, back and neck when she fell on ice and snow in a condominium complex, has settled her case for $250,000. Natalia Dubrovinskaya was taking out the garbage for her boyfriend, who lived at the Hidden Brook condominiums in Naugatuck, when she slipped and fell, according to […]
Condo Owes $7.5 Million for Man’s Fall Getting in Hot Tub (FL)
A resident of a St. Petersburg condominium was awarded more than $7.5 million by a jury for injuries he suffered in a fall in a hot tub. In 2008, Ehab Mina, 44, was about to enter the hot tub when he was startled to see it was partially drained, causing him to slip. He injured […]
The Biggest Insurance Risks for Associations: Having the Wrong Kind of Insurance or Not Enough of It
When we talk about insurance, which we do frequently, we talk about its complexities, and there is no question that insurance decisions are complicated, confusing and often intimidating for condo boards. But it isn’t the complexity of insurance that creates the biggest risks for board members and the association’s they govern; it’s the type of […]
The Gray Area of Liability When Building Systems Fail (NY)
A pipe bursts. An apartment floods. The resident files a damage claim against the co-op or condo board, contending that the flood was caused by the board’s failure to provide necessary maintenance of building systems. The board should not simply write a check for the damages. Instead, it should check the declaration, offering plan or […]
5 Ways Your HOA Board May Unknowingly Put the Community at Risk
As a homeowners association board member, your responsibilities to the community you oversee are many. Homeowners look to their board to keep their community safe, well-maintained and properly managed. Board members are obligated to do everything in their power to meet its members needs while complying with the community’s CC&Rs as well as any state […]
Sidewalks: Keeping Your Liability off the Streets
It’s an all too familiar story: a store customer slips on spilled liquid in an aisle, is injured in the fall, and sues the store. Whether the customer can hold the store responsible depends on a variety of specific facts, including whether the store knew or should have known about the spilled liquid before the […]
Protecting Associations from Liability for Sexual Harassment
You can’t turn on the news these days, pick up a paper or listen to the radio without hearing about someone else in the entertainment industry being accused of improper sexual behavior towards employees, coworkers or others. Community Associations are microcosms of our culture, and so it should come as no surprise to find that […]
Conflicts of Interest (IL)
The Illinois Condominium Property Act (the “Condominium Act”) does not provide complete guidance on when a board decision may be invalidated due to a conflict of interest. Therefore, a court, when deciding if a decision should be set aside due to a conflict, looks to the General Not for Profit Corporation Act of 1986 (the […]
Community Association Liability For Dog Bites – Woof, Woof, Woof
Can a Florida condominium, homeowners’, and cooperative association have liability for its members’ dog bites? Apparently, the answer is yes, it surely can. In 1996, the Fourth District Court of Appeal of Florida in Barrwood Homeowners Association, Inc. v. Maser, held that an association could be found liable where there was sufficient evidence from which […]
Snakebite Victim Waits While Insurance Companies Duke it Out in Court (FL)
The legal machinations involving three insurers duking it out in court over Florida premises liability is overshadowing the suffering of a Florida woman who has undergone various amputation procedures involving her lower extremities following a snakebite on the grounds of her Miami-area condo. Read the article……………..
HOA Board Liability
As a board member you obviously care about your community and its well-being – good for you! Your community will benefit from your dedication and personal investment. But something you and your fellow board members should consider is personal liability for accidents that happen on association property. Generally, individual board members aren’t found liable. However, […]
When a Worker Dies on the Job, Who’s Liable? (NY)
When shareholders perform work in their apartments, the concept is that the shareholder assumes all risk and liability in connection with that work. In other words, the cooperative corporation is not responsible for any damage or injury. Those principles are embedded in alteration agreements. However, there are certain statutes, such as Labor Law Section 240, […]
Why Hire Insured and Certified Vendors for your HOA?
To us, it’s clear why it is important to hire insured and certified vendors for your HOA, but sometimes members of the HOA Board might need some convincing. Here are five reasons to consider doing so. Read the article……………
Negligent Security Claims: Reducing Liability for Associations (FL)
In recent years, Condominium and Homeowner’s Associations have become a target for negligent security lawsuits and claims. Typically, a resident or guest of an Association is a victim of a violent crime and the crime victim later sues the Association. While we discussed this previously, we wanted to provide an update after speaking with Henderson […]
Liability & the Law: Reducing Liabilities in Co-op & Condo Communities
It’s no secret that insurance is a necessity for any building or association. Nevertheless, the expense of coverage means that issues of liability and risk are all too often examined only after problems have occurred. Usually, insurance holders address matters “because something bad has happened,” says Robert M. Prince, a partner at the law firm […]
When Can Employer be Liable for Employee Drinking and Driving?
In some cases, employers in California may be liable when their employees are intoxicated and cause accidents. Plaintiffs may be able to sue the employers under a legal doctrine called vicarious liability. Employers may also be liable if they negligently retain or hire an employee who then injures others while drinking and driving. In a […]
Slip and Falls on the Condominium Premises and the Open and Obvious Doctrine
A few years ago, I wrote an article titled “Legal Update: Slip and Fall on the Condominium Premises: Does the Condominium Owe a Statutory Duty to Its Co-owners?” The article centered around a 2015 published decision by the Michigan Court of Appeals in Francescutti v Fox Chase Condominium Association, 312 Mich App 640; 886 NW2d […]
Dogs Take a Huge Bite of Homeowner Liability Claims
Dog bites man, man sues board. Are you adequately insured? “My dog doesn’t bite.” Don’t believe those four innocent words. Dog bites and other dog-related injuries accounted for more than one-third of all homeowners liability claims paid out in 2016 – a staggering $600 million – according to the New York-based Insurance Information Institute (I.I.I.) […]
Through A Condo Owner’s Looking Glass – A Shade Of Green – Or Is That Gray?
In an action applying Florida law, a federal district judge ruled in favor of a Directors and Officers liability insurer, finding that the “insured versus insured” exclusion applied to bar both a defense and coverage of an underlying action. In the underlying action, two condominium owners – one of which was a past condominium president […]
The Bouncy House-Invitation to Liability
Residents in community associations often behave as if they still reside in single family homes. They tend to forget that liability exposures created through their personal activities will affect others. A perfect example is when a unit owner asks permission from the property manager or board of directors to rent a bouncy house for their […]
Many condo insurance claims arise from liability
Condominium corporations present claims against their insurance policies for a wide range of reasons. Although, it is important to note that current trends in claims are not necessarily unique to condominiums. That said, multi-unit residential dwellings and communities continue to present some unique claims challenges for insurers across the country. Experience as an insurance broker […]