PAcondolawyer

Another solid win for Barrow Hoffman, defeating a request for class action status. Just because there might be multiple claimants doesn't make it a class action. Know what you're doing. We do.

I’m looking forward to presenting at the Community Associations Institute's 2021 Virtual Law Seminar Jan. 25 29. #LS2021 #WeAreCAI. Stay tuned for more information!!

The backdrop is different, but the legal question is whether a new restriction can be applied to an existing use. Is there such a thing as "grandfathering" and what does it mean? https://www.aspentimes.com//aspen-marijuana-shop-neighbor/

Sometimes the good guys win. This time, we won an injunction to remove a problem dog from the Condominium. Follow the right steps and present the right case, and the judge will listen. Kudos to the Board for the courage to stand up to a problem.

Do you believe in the condo fairy? http://tinyurl.com/yys64gk5

Yet another story about embezzlement from an HOA. And this time, the guilty treasurer was also a local judge!!! Does your association have fidelity insurance? Do you have regular audits? Is someone stealing from you and you don't know it? http://tinyurl.com/ybyzbkf4

There are times when an association can prevail in a so-called discrimination case. In a recent case handled by Barrow Hoffman’s, the PHRC ruled in favor of an over 55 community when faced with a complaint that it had discriminated against a family with children. The defense centered on the Association’s compliance with the Fair Housing Act, which qualified it to be exempt from claims based on familial status. The decision hinged on the fact that the Association did a regular census, and was able to prove that it was in compliance with the FHA, including the infamous 80/20 rule. Age-restricted restricted communities should make sure that they do a census at least every two years, so that they can monitor their status under the FHA and maintain that very important exemption.