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Johnny Depp won, can you win against lies from Condo or HOA residents?

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Can you win defamation case against residents?

HOA and condominium board members are maligned, disparaged, defamed and attacked on social media on a regular basis. I interviewed condo and HOA attorney David J. Byrne to see if there are similarities that can be drawn between the $10,000,000 Johnny Depp victory and what goes on in our industry.

Don’t spend the $10,000,000 right now (lol), but we do discuss scenarios such as whether slandered board members are entitled to compensation when published lies prevent them from enjoying their own community amenities or discourage them from the volunteerism and service they dedicate to their associations.

You can find the short video here: https://youtu.be/XHWWnFFdsj4

Panelist: David J. Byrne, Esq. • Ansell Grimm & Aaron, PC

djb@ansellgrimm.com • www.ansellgrimm.com

Have a question? Email is at: info@brainerdcommunications.com

Answers and advice do not constitute legal or other professional advice. Consult legal and other professionals to assess any situation before taking action.

Got Flooding? What you Need to Know about Your Community’s Drainage Systems

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Proper drainage is an important part of every community. When drainage systems are not working properly, this can result in flooding which can lead to a number of other problems and can be very costly. According David Chesky, Executive Vice President of the Civil Engineering Division of Falcon Engineering with headquarters in Warren New Jersey, “poor drainage will lead to flooding, and if your retention ponds or detention basins aren’t maintained, it can also lead to flooding.”

In his experience, Chesky said that many instances related to poor drainage are a result of a lack of maintenance on stormwater systems where catch basins and pipes either failed or are filled with debris, preventing them from functioning as they should.

In addition, Chesky said that malfunctioning drainage systems will also cause flooding. “They’re all tied [Read more…] about Got Flooding? What you Need to Know about Your Community’s Drainage Systems

Did You Know… When you Pay for Water — You are Also Being Charged for Air?

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The cost of water has skyrocketed in many areas in the U.S. over the last few years. Additionally, increased pressure to reduce water consumption has come down on many from both private and government agencies. For many community, homeowner and condominium associations, water (and sewer since most are based on water usage) costs can be a major expense.  [Read more…] about Did You Know… When you Pay for Water — You are Also Being Charged for Air?

Association’s Insurance in Regard to Contractors

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Questions answered by Dawn M. Becker-Durnin, CIRMS

Why should an association care if their contractors have insurance?

Contractors who work on-site and off-site pose risk as far as property damage to association property as well as bodily injury to members and guests. Having an insurance policy would provide funds and defense of the association if the contractor’s work or employee caused such damages.

What does contractual risk transfer mean? [Read more…] about Association’s Insurance in Regard to Contractors

Attorneys, Engineers, Insurance Professionals — Know the Risks of Serving on Your Condo/HOA Board or a Committee

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If you hold a professional license, for example as a lawyer, architect, engineer, or insurance broker, is it a good idea to serve on your condominium or homeowner association board of directors? We spoke with Joel Meskin, Esq., CCAL, of McGowan Program Administrators, to find out what professionals need to know before doing so.

According to Meskin, when he has asked a licensed professional why they would like to sit on the board, their response is often “I need to make sure that my investment in my unit is being protected. Therefore, if I’m on the board and I’m close to those and part of those decisions, I can make sure they’re doing that.”

However, Meskin noted that serving on the board as a licensed professional can pose risks if that professional is using their expertise to make decisions on behalf of the board. [Read more…] about Attorneys, Engineers, Insurance Professionals — Know the Risks of Serving on Your Condo/HOA Board or a Committee

LIVESTREAM: Community Association Insurance is Changing!

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Wed, Apr 27, 2022 10:20-11:20am

NO CHARGE – ONE CEU

Community Association Insurance is Changing!

We review insurance industry bulletins with major players in the industry! [Read more…] about LIVESTREAM: Community Association Insurance is Changing!

Should Your Association Sue for Construction Defects?

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By Sydney Shaw

Whether it’s a building full of leaky windows, a widespread mold problem or a constantly flooded parking lot, sometimes construction errors made by developers can result in issues for unit owners. A homeowner or condominium association will need to decide whether it might be worth pursuing a construction defect claim.

According to Elliotte Quinn, an attorney with The Steinberg Law Firm in Charleston, South Carolina, the first step in the process is awareness. A board must know an issue exists before it can act to have it repaired. [Read more…] about Should Your Association Sue for Construction Defects?

2022 Community Association Insurance Update — Changes on the way…

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As insurance companies are continually making changes to their coverages to stay current, it’s important for association board members and property managers to be aware of what those changes are and how they can impact their communities. 

According to Joel Meskin, Esq. , CCAL, of McGowan Program Administrators, the newest thing to impact the insurance industry has to do with latent infrastructure issues.

He said that although the issues themselves aren’t new, what is new is that such issues were not seriously thought about until now, especially in light of the recent collapse of the Champlain Towers South building in Florida. [Read more…] about 2022 Community Association Insurance Update — Changes on the way…

Your HOA lawyer is a tool – and I mean that in a good way

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Ask two engineers or two insurance professionals the same question. The odds are high you’ll get similar answers. The same goes for most professionals involved in this industry. The exception is with attorneys. But that doesn’t mean one attorney’s opinion is wrong and the other one’s is right.

The community association industry reminds me of the “Wild West.” New territories are being discovered and settled every day. The laws governing condos and HOAs are changing constantly in every state as well. The industry has the cart ahead of the horse. The cart is a mixed bag of complicated legal issues that boards need to manage. The horse (no offense) is an attorney trying to keep the cart on the road — or from being dragged off the road, depending on how you look at it. [Read more…] about Your HOA lawyer is a tool – and I mean that in a good way