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Premises Liability for Failure to Enforce

05.16.2019

There are two recent cases of which community association boards should be particularly aware of.  Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the […]

Areas of Focus: Condo, Co-Op & HOA

FINRA Issues Interpretation on Net Capital and Backstop Agreements

05.10.2019

Although the utilization by FINRA broker-dealer members firms of “backstop” agreements is fairly common, and have been issued for years, the regulatory underpinnings for their use and the effect on net capital has never been clear.  Counsel, investment bankers, compliance officers, and FINOPS have struggled to cite a true regulatory […]

Areas of Focus: Corporate, Regulatory & Securities Litigation

“The Subrogation Situation” – FCAP Managers Report

05.10.2019

With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still […]

Areas of Focus: Condo, Co-Op & HOA, Property Insurance Claims, Premises Liability