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), […]

Where is the Civility?

Recently I dealt with an issue in a condominium association where the tenant of a unit owner was out of control. The boorish and, in some cases, criminal behavior of this tenant made life miserable for many of the residents of an otherwise quiet condominium community. Despite the HOA board’s attempts to have the unit […]

Be Prepared for Financial Disasters

If you think hurricanes, wildfires, tornadoes and floods won’t happen to you or that you don’t need to insure against these disasters, you’re among the nearly half of U.S. homeowners and renters who lack the insurance coverage to deal with potential losses, according to the National Association of Insurance Commissioners (NAIC). In a recent NAIC […]

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Common Pitfalls

I am constantly amazed by the ingenuity of the solutions HOA boards come up with to the difficult situations they face.  Faced with tight budgets, demanding residents, and difficult personalities, the obvious answers often don’t work.  Sometimes, though, we get so focused on a particular problem that we lose sight of the big picture – […]

Fraud and Embezzlement Challenges Handout

With difficult economic times over the last several years, the community association industry has seen a rise in thefts and embezzlement in homeowner and condominium associations. Many associations believe their money is safe and it is difficult to steal funds belonging to the association.  This is an unfortunate and incorrect assumption. For the information on […]

Condominium Nuisances

When I’m in my own condominium unit, I can play by my own rules. If I don’t feel like wearing pants while I fire up the grill on my patio, I’m free to take that risk. If I want to burn incense and crank up the heat and some Yanni while I perfect my Bikram […]

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, […]

Fraud and Embezzlement Challenges

Manager Embezzled as much as $4 million Elaborate scheme involving multiple associations Ran the entire day-to-day operation, writing and depositing checks, balancing the books, and getting bank statements Bookkeeper Embezzled $398,000 Forged board member signatures to obtain bank loans Convicted, but skipped bail and is at large Previous conviction for tax fraud; served 14 months […]