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Emerging Technologies in Community Associations*
I was recently listening to my 70’s playlist on Spotify, and the Steve Miller Band’s “Fly Like an Eagle” came on. One of the verses we all know form the song suddenly stuck out to me: Time keeps on slippin', slippin', slippin' … Into the future Time indeed...
We Can Work it Out – Dispute Resolution in Community Associations
Life is very short and there's no time For fussing and fighting, my friend I have always thought that it's a crime So I will ask you once again Try to see it my way Only time will tell if I am right or I am wrong While you see it your way There's a chance that we...
ASSESSMENT COLLECTIONS: REVISITED FOR 2023
In a community association, assessments are quite literally the lifeblood of the association as they are the vital component related to the association’s ability to operate and maintain the common areas.
Interesting Bill Introduced in PA House of Representatives: House Bill (HB) 377 – Protecting Homeowners from Defective or Faulty New Home Construction
June 25, 2023 While this is not a Bill which seeks to amend the three Common Interest Community Statutes in Pennsylvania (PA Condominium Act, PA Uniform Planned Community Act or the PA Real Estate Cooperative Act), this Bill, if it becomes law, could have an impact on...
![The [Federal] Corporate Transparency Act is Here… and it Looks Like it’s Coming to Community Associations](https://i0.wp.com/hoffmanhoalaw.com/wp-content/uploads/US-Capitol-Official-Photo.jpg?resize=400%2C250&ssl=1)
The [Federal] Corporate Transparency Act is Here… and it Looks Like it’s Coming to Community Associations
June 19, 2023 After another client contacted us inquiring about the Corporate Transparency Act (CTA), we thought it was time to write a brief summary on this law and what it means to community associations. The CTA was enacted by the United States Congress on January...
ALERT: ANNUAL REPORTS REQUIRED FOR ALL NON-PROFIT CORPORATION COMMUNITY ASSOCIATIONS BEGINNING IN 2025!
Those of you who follow Hoffman Law LLC may remember our post from a few years back reminding you to get your Decennial (i.e., 10 year) Reports filed with the PA Department of State to save your name:...
House Bill 1795 Comes Alive!
Many clients of Hoffman Law LLC are aware that Ed Hoffman serves as the current Chair of the Community Associations Institute (CAI) Pennsylvania Legislative Action Committee (PA LAC) and have increasingly been inquiring about PA House Bill 1795 which was signed into...
Board Fiduciary Duty in the Community Association*
The first question that Board members usually ask is - what is fiduciary duty? The Merriam-Webster Dictionary defines fiduciary duty as follows: “A duty obligating a fiduciary (as an agent or trustee) to act with loyalty and honesty and in a manner consistent with the...
BREACH OF PERSONAL INFORMATION IN COMMUNITY ASSOCIATIONS – UPDATED
Time flies. Since about 2010, I have been counseling community associations on risks involving potential breaches of personal information and the fact that Pennsylvania has a specific statute related to such breaches, literally called the “Breach of...
The Top Ten GOOD Things That Community Associations Learned From the COVID-19 Pandemic*
I know, I know… nobody – and I mean – nobody, wants to hear, read, speak or even think about the COVID-19 pandemic now. I get it, we’ve had enough. As a community association attorney and litigator, I’ve certainly dealt with my share of...
Your Association Can Now Be Sued For Defamation In Any County Where An Internet-Based Publication Occurs
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...
Does Your Community Association Need a Snow Removal Policy?
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...
Charge Me Up and Plug Me In … Let’s Think About Solar Panel and Electric Vehicle Legislation in Pennsylvania
As many of you may (or perhaps may not) know, I have the distinct honor of serving as the current Chair of the Keystone Chapter’s Legislative Action Committee (PA-LAC). I was recently thinking about possible “forward-looking” Community Association legislation in...
SIGN, SIGN EVERYWHERE A SIGN … IN MY ASSOCIATION
Sign, sign, everywhere a signBlockin' out the scenery, breakin' my mindDo this, don't do that, can't you read the sign? (“Signs” - Five Man Electrical Band) Every year, usually around election season, the signs come out. Let’s discuss some reoccurring sign issues...
AVOIDING LITIGATION IN YOUR COMMUNITY ASSOCIATION
As a Community Association attorney, I’ve been on both sides of the fence as it relates to association litigation. Whether I am initiating litigation against others on behalf of the association or defending the association for claims brought by others, the...
Flag Me Down
Old Glory I can’t recall exactly how many times I’ve received a call or an email from a Board Member or Community Manager and the question being posed from the other end of the phone related to flags in some manner. As it relates to the American flag,...
REDUCING CONFLICT IN COMMUNITY ASSOCIATIONS
Perhaps you remember the chorus in Dave Mason’s 1977 soft rock hit, “We Just Disagree”: So let's leave it alone ‘cause we can’t see eye to eye.There ain’t no good guy, there ain’t no bad guy,There’s only you and me and we just disagree.Ooh-ooh-ooh, oh-oh, oh-oh-oh. I...
REOPENING . . . POOLS, CLUBHOUSES AND AMENITIES, OH MY!
Over the last month or so, with COVID vaccinations becoming more commonplace and governmental restrictions easing to some extent, Hoffman Law LLC clients have been inquiring about reopening pools, clubhouses and other amenities. Below is a concise (though...
SAVE YOUR NAME! HAS YOUR NON-PROFIT COMMUNITY ASSOCIATION FILED ITS DECENNIAL REPORT?
Your community association may, or may not, have received a postcard from the Pennsylvania Department of State as it relates to filing a Decennial Report. I’ve been getting some questions related to what this is all about, so I thought I would share...
DOES MY ASSOCIATION REALLY NEED DIRECTOR AND OFFICER (D&O) LIABILITY INSURANCE?
Based upon many years of serving as counsel for and defending associations in all types of litigation, my answer to the above question is yes. However, exactly what is Director & Officer (D&O) Liability Insurance, and what does it cover? In...
SHOULD HOAS PUBLISH A LIST OF DELINQUENT OWNERS?
I am not going to beat around the bush here: it is generally a horrible idea to “publish” a list of delinquent owners for others to see, even if the [usually decades old] governing documents in the community provide that it is...
AN INTRODUCTION TO SHORT SALES AND FORECLOSURES FOR COMMUNITY ASSOCIATIONS
More than ever before, community associations are coping with financial shortfalls. Two issues which associations frequently encounter are short sales and foreclosures. This Blog post will discuss the implications of short sales and foreclosures as...
WHAT IS A NUISANCE AND WHAT DOES IT MEAN TO YOUR ASSOCIATION? WHAT BOARDS AND MANAGERS NEED TO KNOW.
When a board member or community manager hears the phrase “nuisance”, many thoughts come to mind regarding what this means, and how it may impact their association, but, more often than not, most do not know what a nuisance really is and what the association...
AVOIDING INCONSISTENT ENFORCEMENT IN YOUR ASSOCIATION … COMMUNITY LEADERS TAKE HEED.
Inconsistent, or selective, enforcement of covenants, restrictions and rules & regulations by a Community Association is, unfortunately, a frequent occurrence. Community leaders must understand that inconsistent enforcement by an Association for even a minor...