A couple of years ago Barker Martin anticipated that hoarding would be an issue for community associations to contend with under laws like the Americans with Disabilities Act and Fair Housing Act. Since then, the issue has continued to garner greater attention in its effect on the community at large. read more

In almost every walk of life, knowledge is something people seek to obtain. Francis Bacon famously, and succinctly, coined the phrase "knowledge is power." But in the topsy-turvy world of insurance, another famously succinct phrase may be more applicable, "ignorance is bliss." (Thomas Gray). read more

Alternative Dispute Resolution or "ADR" is traditionally thought of as an "alternative" to litigation: ways of resolving legal disputes that are generally considered to be simpler, quicker and less expensive. But with many states requiring some kind of ADR after a lawsuit has been filed as a way of attempting to settle cases before trial, ADR is quickly changing from "Alternative" Dispute Resolution to "Additive" Dispute Resolution. Instead of becoming an alternative to litigation, it has become an alternative to trial only. But this is not necessarily a bad thing, because while most people understand that they can file a lawsuit to assert their rights, few people understand whether they have a right to ADR methods or how to initiate them if they do. read more

The other day, I was contacted by an acquaintance who asked for my help changing his condominium's no-pet policy. He explained that he was a board member, and that their condominium's "bylaws" banned all pets. My first question was whether he wanted my assistance personally or as counsel for his condominium association, to which I received a bewildered look. After a bit more digging, I learned that the reason this person sought my counsel was because the other directors told him that if he wanted to change the bylaws, he either needed to prepare the documents himself or go get his own lawyer to prepare "the documents" for the condominium. The association would not pay for an attorney. The board's position was unwise for several reasons. read more