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Category – Insight
An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly …
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred …
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?
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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 …
Jennifer Horan has spent over twelve years addressing and resolving a myriad of issues facing community, condo, and homeowners’ associations. Below is a collection of her insights regarding association board roles and responsibilities, managing disputes, COVID-19 health and safety protocols …
When teaching contract law to my undergraduate students at Florida International University, I always begin with a question: “How many of you sign a contract without reading it?” A simple question and one would think that everyone reads before they …
Although the advent of vaccines signals the end of COVID-19, the pandemic remains a fixture in our landscape and undoubtedly will for some time to come. As Southwest Florida community associations typically have most of their meetings during the “season,” …
Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this …
This article is Part I of a two-part series on the vital subject of amending community association governing documents. This article will focus on the common reasons why a community association should consider amending its governing documents. Part …
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice is often blurred without any practical guidance available for …
Chapter 558, Florida Statutes and Section 553.84, Florida Statutes are consumer-friendly statutes drafted and signed into law years ago to protect Florida homeowners, HOAs, and condominiums, provide for the resolution of construction defect claims, and promote the settlement of claims …
Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and all the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny.
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