Handgun Regulation in Community Associations

Posted in Community Associations

An entire textbook and law school class could be devoted to the topic of handgun regulation. This article will focus on two recent United States Supreme Court (“Court”) decisions, briefly discuss some of the ways in which the Court’s decisions could apply to community associations, and identify practical issues that a community association should consider before embarking on any attempt to restrict handguns in its community. Any association interested in regulating firearms should consult experienced association counsel before embarking on such a task.

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Insufficient Insurance Coverage, Running With Play-Doh, and Other Risky Activities

Posted in Community Associations

As someone who manages risk for a living and can find potential liability in even the most mundane and (seemingly) harmless activities, I don’t get invited to many parties. Statements such as “Are you crazy!?! Those kids shouldn’t be running with an open container of Play-Doh” and “You do realize that mistletoe is poisonous” tend not to ingratiate me with the host and guests.

You can imagine my horror when a unit owner informs me that he doesn’t have his own property insurance. My horror increases when the unit owner informs me that the reason he doesn’t have insurance is his belief that he is covered by the condominium association’s insurance. For the record, your association’s property insurance does not adequately protect you. Add “Call Insurance Agent/Broker to Review Coverage” to your New Year’s Resolutions.

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Night of the Undead . . . Mortgages (Zombie Mortgages)

Posted in Community Associations

Spoiler alert! The zombie apocalypse in this article was not caused by a top secret government experiment, well-intentioned vaccination protocol, or ancient (and very cold) magic. The zombies discussed in this article were created by men and women garbed in Brooks Brothers (ok, probably Joseph A. Banks) and Anne Taylor. The zombies in question were created by stalled and abandoned foreclosure actions as well as a bank’s unwillingness to initiate foreclosure. Like their zombie relatives, zombie mortgages cause serious problems to the living mortgages and communities within their reach. Instead of eating brains like some of their zombie forbears, zombie mortgages eat the revenue stream flowing to community associations.

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Are Homeowners Responsible for Sidewalk Condition During Transition?

Posted in Community Associations

During the transition process from declarant to homeowner control of an association, one common area of dispute is the condition of the sidewalks. The new sidewalk surfaces may be scaling, cracking, spalling, discolored, holding water, or otherwise falling apart. The association attributes the condition of the sidewalks to defective construction and requests the declarant to repair or replace the crumbling sidewalks. The declarant blames the condition on the association’s use of de-icing chemicals (i.e. salt) and refuses to repair the sidewalks. This scenario is played out, time and again, throughout the Northeast. Continue Reading

Ironworkers ZERO Fatality-Incident Campaign

Posted in Personal Injury

During the past year the Ironworkers ZERO Fatality-Incident Campaign commissioned by General President Eric Dean, and the IMPACT board of trustees, concentrated on training and communication measures to the improve safety for ironworkers while on the job. The overarching goal of the campaign is to improve safety skills and knowledge.

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Landlords Risk Exposure to Double Damages in Suits by Tenants

Posted in Business & Corporate

In Pennsylvania, residential and commercial lease agreements are governed not only by the terms of the lease itself, but also by the Landlord and Tenant Act of 1951, 68 P.S. §§ 250.101, et. seq.

When a lease term ends, the landlord is required to provide a tenant with a list of damages caused to the premises within thirty days of the termination of the lease or repossession of the property.

In addition, the landlord must return any escrow monies held under the lease within that time period. If the landlord deducts any funds to pay for alleged damages to the premises, then the landlord must return the difference in the balance of the escrow funds to the tenant.

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