COVID-19 and the Risk of Getting Sued

By: Scott Welker In American law, there is a long, quiet history of the ill suing the people who made them ill. Dating at least back to the 1800s, defendants have been held liable in court for negligently spreading infectious diseases. These cases have run the gambit, including lawsuits for the spread of tuberculosis (1953), […]

Fostering a Sense of Community During COVID-19

By: Greg Coxey Given this unprecedented time in the history of the world, there is a lot of anxiety and uncertainty about what the future holds. Even though this is a global pandemic, with orders to stay-in-place and stay healthy, the focus shifts to our household and our communities. While practicing social distancing, we must […]

Mediation

In the “Malcom in the Middle” clip currently available on Youtube entitled “Duel at the Mall” (www.youtube.com/watch?v=autftvUIxfg), two people transform a simple door-ding incident at a retail parking lot into a full blown war. If you haven’t seen it, you owe it to yourself to Google and watch it. Simply put, it is one of […]

Board Conflict Resolution

It may seem odd to look to a law firm for advice about conflict resolution. However, as litigators specializing in community associations, our firm sees all types of conflicts from start to finish. Believe it or not, we would rather assist our clients with preventative care than go to court with them over an avoidable […]

Alternative Dispute Resolution

It’s inevitable… If you are board member, at some point during your tenure your association will be embroiled in a heated conflict with someone. Why is it inevitable?—Associations are designed to tell people what they can and cannot do. They’re inherently bossy, but to a good end, promoting the peace and aesthetics of your community, […]

Resolutions and Your Community

One of the functions of an HOA Board of Directors is to pass resolutions. While the board can make and pass motions in a board meeting, with actions then recorded in the minutes, a resolution is a stand-alone document that is the formal expression of board action. The adoption of the resolution should be recorded […]