Litigation Resources

Community Associations Must “Accommodate” Emotionally Troubled Residents

Filed Under Discrimination, Litigation

Posted September 20, 2011

Every profession has its war stories. For community associations, these stories increasingly involve owners who, because of age, emotional problems, or both, pose a threat to themselves and to others in the community. Like the woman with Alzheimer’s, who wandered regularly from her complex when her son, with whom she lived, was traveling on business. Go to Resource

When Does An FHA Violation Occur?

Filed Under Discrimination, Litigation

Posted September 20, 2011

According to the Ninth Circuit Court of Appeals, a violation of the Fair Housing Act does not occur until a requested accommodation is first refused. In a recent case from Hawaii, a homeowner was granted temporary permission to keep a companion pet while the Board of Directors investigated the request. According to the court theGo to Resource

10 Vital Components for Architectural Review Forms

Filed Under Enforcement and Fines, Litigation, Samples, Forms, Checklists

Posted September 17, 2011

A major objective of the architectural review process is to have in place guidelines and procedures that are perceived by homeowners to be fair and reasonable. After all, if owners perceive the process as fair, they are much more likely to voluntarily comply with those guidelines and procedures. The use of forms can and shouldGo to Resource

Harsh New Time Limits on Construction Defect Claims

Filed Under Construction Defect, Litigation

Posted September 17, 2011

A recent Colorado Supreme Court decision, Smith v. Executive Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010), considerably shortens the time limit for bringing many construction defect lawsuits. Homeowners and homeowner associations risk losing the right to seek reimbursement from builders, developers and other construction professionals unless they carefully and quickly act upon discovery ofGo to Resource

WHOOPS!- Slips and Falls (Why Homeowners Or Other People Sue)

Filed Under Complex Litigation, Litigation

Posted September 17, 2011

Associations have legal responsibilities under the governing documents and through common law to take reasonable steps to exercise reasonable care to protect against dangers of which the Association actually knew or should have known. There are several common sense risk management strategies associations can take to minimize the chance of a personal injury claim byGo to Resource

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