Tuesday, May 28, 2013

Condominium Decks Collapse -- Who is Responsible

Wildwood Missouri residents who reside at the Sandalwood Creek Condominium Community need to look up at all times, especially to avoid  collapsing decks.  A deck attached to a residential unit collapsed this past Memorial Day when four people were standing on it.  All four are now in the hospital.

County officials came to the scene to evaluate all of the decks in the community and the news is not good.  It appears they may not meet current code requirements and some news reports report findings that other deck collapses in the community are foreseeable.

The decks are 30 years old and it appears many have not been properly maintained.  Some appear to be rotting.   One news crew found a decks that was visibly sagging, suggesting that it may be next in line.

So --who is responsible to repair these decks?    Of course it depends on state law and the association documents.  But in many instances, the homeowner will be responsible.

The reason is that these decks are often called "limited" common elements.  They are common elements because they fall beyond the "finished walls in."  But they are "limited," because only the adjoining unit owner can enjoy them, or in this case fall from them.  In these cases often it is the unit owner who must maintain, and if need be replace, the deck structure.

Some news reports suggest that this is the case in Wildwood Missouri.  But everyone may not agree and ultimately a Court may have to interpret the documents in question.

Who ever is responsible aside, decks must routinely inspected and maintained.  And they must be replaced when they are no longer safe.  Even if common funds will not be used to do this, the Association usually has the inherent right to ensure that this work is undertaken on a regular basis.

Stuart Lieberman Is an attorney with Princeton's Lieberman & Blecher.    The firm represents community associations in New Jersey and New York.  www.liebermanblecher.com

Monday, May 20, 2013

View this Great News Piece on Sick Building Syndrome-- Pictures of What to Look For....

An Idaho Television station just did a news spot on sick building syndrome and black mold.  Go here to view it.

It is a very informative news story that shows pictures of a home with very bad indoor mold problems, including black mold all over the place.

If you are interested in this issue, I suggest you view this.

Lieberman & Blecher represents victims of toxic mold exposure., 

Wednesday, May 8, 2013

Homeowners Associations Need to Be Fair and Even handed

This is an article about the Colorado Legislature's attempt to address complaints that homeowners associations go too far in collecting monthly assessment. 

 They complain that heavy handed tactics are employed and that late fees and other expenses can become a bigger problem than the actual amount owed.  Read the article here.

The point is that community associations need to be transparent, fair and even handed.  Tactics that are unfair are going to result in very costly law suit, and associations may have to pay for both sides lawyers.

Its better to take a little longer, use diplomacy and be fair.  Boards that rush to court are usually the most at risk of paying too much for lawsuits that were not appropriate to begin with.

If some Board members are litigation happy, others should speakup  and make sure that litigation and legal enforcement is being used cost effectively and as a last resport.  Speaking up requires courage, but a voice or reasons must prevail.

Many of these lawsuits are great for the lawyers but not the associations or the unit members.   So slow and steady is the message.

If problems continue expect legislative responses.  Which means this --community associations have a choice of self regulating,  or becoming overly regulated by the state.

  May I suggest that the choice is clear.


Lieberman & Blecher represents community associations in New Jersey.

Saturday, May 4, 2013

Read about a Florida condo that has completely mishandled a special needs request

Condos. Must enforce the rules nd mut be uniform.  But they shod not ignore legitimate requests by home owners that have bona fide special needs.  In this case a resident with a horrible condition can now only walk around wht the aide of a shopping cart.   And look at ths short minded association response .

My tip to condo boards, here is everything not to do....
Cond

http://www.fox4now.com/news/local/205870931.htmlhttp://www.fox4now.com/news/local/205870931.html

Lieberman & Blecher represents community associations .   Www.liebermanblecher.om

Thursday, May 2, 2013

WOULD YOU LIKE ICE WITH YOUR GLASS OF MOLD?

This published article indicates that a popular fruit drink may have mold.  According to the article, the reason for this is that the product lacks preservatives, which means the mold can grow within it.  

Apparently some of the product was returned because of mold masses.  Gross!!  Yes,  but unless you are susceptible probably not going to hurt you.

I have seen lots of mold in buildings and homes.   Have not thought much about it being in food though. 

You can read the article yourself and decide....

Lieberman & Blecher represents mold victims in New Jersey and New York.   www.liebermanblecher.com

Monday, April 22, 2013

Watch out for proposed laws that will lead to special assessments

This Op Ed represents an interesting point of view and is worth reading for condominium owners and association managers.   Particularly germane to struggling associations is the fact that even seemingly benign proposed legislation can make it difficult for the association to meet its financial obligations.  Invariably large special assessments can follow.

Read this column for a good explanation of this issue.

Lieberman &Blecher represents community associations in New Jersey.   Www.liebermanblecher.com

Saturday, April 13, 2013

Getting high in the Condo? As States Legalize Marijuana, will Home Owner Associations Just Say No?

Marijuana is becoming legal, to various extents, in a lot of places.

Some states such as New Jersey and California allow if for medical purposes.  Colorado just plan allows it.  Some predict that sooner or later it will pretty much just be legal, basically everywhere.

The question is whether Home Owner Associations will be able to ban marijuana in instances where the state says its legal.  Will condos be able to just say no?  The answer is not so cut and dry.

Clearly Associations can protect public areas and common areas.   To some extent they may also be able to take measures that are for the common good, including, measures that maintain property values.

The amount that Associations regulate is very state specific, and even within states is not always very clear.

Some Associations have outlawed tobacco smoking all together, largely due to complaints that the smoke has permeated into common areas or into individual apartments.  Indeed, some people have become very sick because of cigarette smoking originating from privately owned residential units.  But outright smoking prohibitions can be very controversial and may invite a lawsuit.

As pot become more legal, Associations will invariably be asked how and whether they plan to respond.   And you can be sure that no matter what they do, their decisions will be challenged.

In other words, this is only the beginning of a discussion that will be reoccurring throughout this country, for quite some time to come.

Lieberman & Blecher proudly representswww.liebermanblecher.com
numerous homeowner associations in New Jersey.