A Civil War trench will be preserved and made the centerpiece of a park within a planned community. Historians are thrilled with the preservation as it was built in 1864 and is a part of the history of the country of that time.
In this Q & A, the right to smoke in your condominium and a no-smoking policy are the topics of discussion.
Beavers have created dams in ponds around drainage pipes that could cause flooding. A state hunting law requires hunters and trappers to get permission from neighbors before they can trap or kill the beavers. Homeowners have differences of opinion on how to get rid of them.
A woman is facing a lien on her home for back attorney fees after she fell behind on her HOA dues. Once she paid the back dues in full, the attorney fees were due and instead of working out a deal to pay them off, they kept accruing. Now she faces losing her home.
A woman who was a controversial player in the biggest public corruption case in the State of Nevada, has been sentenced to six months of home confinement for her role in the scheme.
A condo association is facing an increase in fees unless some of $4.1 million is recovered after alleged fraud by a property management firm.
Liability when homeowners hire tree care experts is not black or white. Several factors need to be considered when hiring contractors.
It has been ruled that an association has failed in its duty to maintain 237 units at a long closed and uninhabitable resort. A judge has made a final order that they must repair all units and fix all common areas immediately.
29 units are found to have defective Chinese drywall and the luxury condo will have to pay $3.3 million to have it removed and replaced.
If you manage or are a board member of an HOA with employees, consider reviewing the HOA’s insurance policies to make sure you and the HOA are covered should an employee ever sue or make a claim. Many insurance policies HOAs carry do not cover employment-related claims. HOAs who employ at least 15 employees are vulnerable to discrimination claims, and an HOA need employ only 1 employee to be subject to a sexual harassment or wage and hour claim.
Employment Practices Liability Insurance (EPLI) covers these and other types of employment related claims. If an employee (or ex-employee) makes such a claim or sues, EPLI may pay for the costs of defending the HOA, manager, and/or board members. EPLI may also help pay to settle claims or lawsuits.
Of course, like HOAs and the communities they serve, every insurance policy is different. We encourage HOAs with employees to work with us, their broker and their insurance carriers to address whether EPLI should be part of the HOA’s overall insurance package.
The information contained in this HOA Tip is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel.
