Welcome to Episode 2 of Association Nation, where Ed Hoffman will take you through a slideshow presentation on delinquency issues in Pennsylvania Community Associations. We hope you learn something of value today.
Our first guest is Tony Campisi, Executive Director of CAI’s Keystone Chapter. You’ll get to know Tony and learn a lot about the Keystone Chapter and CAI, including the history of the Chapter, the importance of the Legislative Action Committee, the Chapter’s new name and website, and more. We hope you enjoy it and learn something along the way.
I’ve defended many Associations and their Boards/Board Members over the years in defamation actions. 2020 and 2021 saw a substantial rise in these actions being brought, and there’s no reason to believe 2022 and beyond will be any different.
Traditionally, in Pennsylvania, a lawsuit for defamation had to be filed in the county where the publication of the allegedly defamatory statement occurred. This all changed in November of 2021, when the Pennsylvania Supreme Court issued an opinion in Fox v. Smith, et al., 39 EAP 2019 (Nov. 17, 2021).
In Fox, Pennsylvania’s high court analyzed the venue issue taking into account internet-based publications (versus print-based, such as newspaper) of the alleged defamatory statement, and held that venue is appropriate in any county where publication of the defamatory statement occurred, even if it differs from the county where the injury (the making of the defamatory statement) actually occurred.
The Fox Court discussed that “under the applicable Rules of Civil Procedure, venue is proper … in counties in which a cause of action has arisen…” and “a cause of action for defamation arises where publication of defamatory statements occurs.” The Court went on the hold that “publication occurs where a third-party recipient understands the statement as being defamatory” and “when a person is defamed via a medium with worldwide accessibility, a cause of action may arise in multiple venues.”
Finally, the Court found that “per a straightforward application of the civil procedural rules, then, a plaintiff may select a single venue in a defamation action in any location in which publication and concomitant injury has occurred, albeit that publication and harm may have ensued in multiple counties.” A link to the Fox case is here.
Contact Hoffman Law LLC to discuss how we can assist your Association in handling and/or defending defamation allegations.
– Edward Hoffman, Jr., Esq., CCAL
Look around, leaves are brown…
There’s a patch of snow on the ground …
(A Hazy Shade of Winter, Simon and Garfunkel, lyrics by Paul Simon)
Every year, community associations face innumerable claims and lawsuits for accidents, injuries and damages for incidents involving snow and ice on association property. These claims and lawsuits are expensive and time-consuming and can potentially impact community associations’ insurance rates. A while back, I was interviewed* for CAI’s HOA Resources Blog regarding snow removal policies in HOAs. Below is the Q&A from that interview.
Q: Why should an association have a snow removal policy?
A: Every association with such a need should adopt a snow removal policy. Outdated snow removal policies can create just as large of a liability issue for the association as not having one. It’s important for the board to implement the policy and apply it uniformly and consistently.
Q: What are the top factors associations must consider when creating a snow removal policy?
A: First, associations should determine who is responsible for the snow removal, such as a service provider that will be performing contracted work. Boards and managers should check their insurance certificates and be certain that the association is named as an additional insured under each policy. The service provider’s proposal/specification sheet is not an actual contract.
Next, the threshold for snow removal must be determined. The industry standard in the Northeastern U.S. is generally 2 inches of accumulation. Special care should be attributed to ice and sleet events, meaning the association must address other hazardous conditions in the community.
Finally, consider what level of control the association is exerting over the service provider. The more control the board asserts while they work, the more potential liability should an incident occur. The association should contract for snow removal work according to the parameters set forth in a properly drafted and approved service contract.
Q: Should associations in areas that do not routinely get measurable snow have a policy?
A: Every association should have a policy for handling a snow event. There may not be a need for a snow removal contract in areas without measurable snowfall, but all associations should have a snow event action plan in place.
Boards and managers in an association without a snow removal policy should consider their options. While some areas without regular snowfall may not require one, having a snow event policy can prevent liability concerns later. Associations should review their snow removal policies periodically to determine their relevancy. One policy can be the difference between a winter wonderland and a slew of lawsuits.
– Edward Hoffman, Jr., Esq., CCAL
*The CAI HOA Resources Blog link to the interview can be found here: https://hoaresources.caionline.org/does-your-hoa-need-a-snow-removal-policy/
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