A woman has filed suit against her homeowners association for alleged failure to warn after insufficient measures were taken to prevent an injury. Jeanette Oxley filed a complaint July 19 in Putnam County Circuit Court against Oakbridge Condominium Owners Association Inc. and Oakbridge Townhomes Owners Association Inc., alleging they breached their duty to protect its […]
Attorneys to Condo Associations: Zika Litigation Won’t Bite (FL)
What are condo associations, homeowners’ associations and other multifamily real estate boards to do as Zika spreads across South Florida? Not too much, according to real estate attorneys, who suggest caution but advise against creating liability where none exists. Health officials reported 25 locally acquired cases of the mosquito-borne virus in South Florida Thursday, as […]
New Jersey Supreme Court Finds Coverage Under a Developer’s Commercial General Liability Policy for a Subcontractor’s Faulty Workmanship
On August 4, 2016, the New Jersey Supreme Court issued a unanimous decision in a case regarding insurance coverage that could have lasting impact on developers, contractors, and subcontractors. In Cyprus Point Condo. Ass’n, Inc. v. Towers, 2016 N.J. LEXIS 847 (Aug. 4, 2016), the Supreme Court ruled that under a property developer’s commercial general […]
How to Avoid Premise Liability Claims
Sometimes, TV makes it looks like anyone can sue you for getting hurt on your property. While it is possible, however, there are many things you can do to protect yourself. Read the article………….
Homeowners’ Associations Could Face Liability for Bear Attacks
It is sometimes said that law is what separates humans from wild animals. While humans have been developing laws since the Code of Hammurabi, they have also been developing land, so much so that both commercial and residential projects increasingly encroach into wild animal habitats. Since 1990, the Florida Fish and Wildlife Conservation Commission (“FWC”) […]
Reducing Liabilities in Your Community Parking Lot
No one likes being sued, but unfortunately, America has become a litigious society. Whether you were not warned that your coffee was too hot, or you slipped and fell on your untied shoelaces, it always seems to be the fault of someone else. Reducing potential liabilities in your community parking lot is an integral part […]
HOA’s Settlement with Trayvon Martin Family Illustrates Liability Issues Involving Neighborhood Watch Programs
Last year I participated in a discussion with an Associated Press reporter and wrote about a central Florida community association’s apparent endorsement of George Zimmerman as its neighborhood watch captain and his involvement in a tragic incident that took the life of the 17-year-old Trayvon Martin. Read More……