New Jersey’s ongoing storm rule does not include duty to pretreat
11/14/24
The Superior Court of New Jersey Appellate Division, recently affirmed summary judgment in favor of the defense in a slip and fall case involving analysis of the ongoing storm rule. Plaintiff filed suit against multiple parties, …
10/3/24
By: Jack Doyle
HOAs across the country have passed restrictive covenants pertaining to members flying flags outside of their home. Many Plaintiffs all over the country have tried to assert a declaratory action against HOAs for passing a covenant or …
Florida HOA law changes are new to the neighborhood
5/1/24
By: Jessica Cauley
You’ve heard of the wild real estate scene in Florida since 2020. But unless you’re familiar with the residential subculture of homeowners’ associations, you may not realize how prevalent they are or that the combination of federal …
Within and without: False Claims Act whistleblowers can, and do, come from anywhere
4/22/24
By: Justin J. Boron
False Claims Act (“FCA”) lawsuits typically start with a whistleblower. Where the whistleblower starts is another question.
Historically, whistleblowers under the FCA–which provides private citizens the ability to assert qui tam claims for fraud committed against …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Attention debt collectors in California: new law requires action by December 31, 2021
12/3/21
By: Mandy D. Hexom
Beginning January 1, 2022, pursuant to California’s new Debt Collection Licensing Act (DCLA), all consumer debt collectors who are collecting on their own account or the account of others, including debt buyers, must be licensed with the California Department of …
Coronavirus and Impact on Landlords and Tenants
4/1/20
By: Michael Bruyere,Ryan Greenspan and Ali Sabzevari
Commercial and residential tenants, whether due to operational closures or loss of jobs or income, will face difficulties meeting their rent obligations, and some may even abandon their properties. Landlords may …
Trying to Go Green May be Harder Than it Seems
3/11/20
By: Matthew Jones
There is more and more urgency for people to utilize “greener” products in an effort to be environmentally friendly and more efficient. Some of these products include electric cars, water efficient toilets, and solar panels, to name …
Association Board Members Have Fiduciary Duties
2/6/20
By: Ali Sabzevari
The Georgia Property Owners’ Association Act and an HOA’s governing documents govern the creation and operation of a homeowners’ associations (“HOA”) and the duties of its board members.
A Board of Directors is typically responsible for managing …
Changes In Store for California HOA Elections
11/18/19
By: Nicole Clowdsley
With 2020 fast approaching, California HOAs should be proactively preparing to comply with a litany of new statutorily mandated changes to their election processes. On October 12, 2019, California Governor Gavin Newsom signed Senate Bill 323 into …
‘Tis the Season. The HOA v. The Holiday Display
10/15/19
By: Nicole Graham
Piling the family in the car to drive through the neighborhood and see holiday displays is a time-honored tradition. With Halloween and the winter holiday season quickly approaching it is a good time to review the HOA’s …
3/12/19
By: Michael Shepherd
As courts across the country become more congested, many courts now order the parties to participate in some form of alternative dispute resolution, such as mediation or non-binding arbitration. When it comes to Homeowners Associations, many state …