How the Supreme Court’s Latest Decision Affects Employers and Employees For companies that employ 15 or more employees beware: Title VII of the 1964 Civil Rights Act gives employees the right to sue if they suffer workplace discrimination based on race, color, religion, sex, national origin, or gender identity. This past week, the U.S. Supreme […]
A new opinion published on June 20, 2013, holds that a homeowners association may exclude an owner’s representative from a board meeting because the representative was not “member” as defined by the association’s governing documents. In SB Liberty, LLC v. Isle Verde Association, Inc., the homeowner formed a limited liability company (“SB Liberty”) to hold […]
“Trolls,” or intellectual property assertion entities, refer to business entities that purchase I.P. portfolios and file infringement lawsuits. Many are familiar with this concept in the patent context, but few recognize there are also assertion entities that purchase copyright assignments. In a recent Ninth Circuit case, Righthaven LLC v. Hoehn, 2013 WL 1908876, the panel […]
HOA’s Maybe Liable For The Acts of an Independent Contractor Conventional wisdom has often assumed that when an HOA hires and independent contractor that the HOA will not be liable if the contractor is negligent and harms someone. After all, the contractor is “independent” and why should the HOA be liable when the contractor, over […]
For better or worse, E-Mail has changed how common interest developments are governed. It has enabled more volunteer Board members to actively participate in the day to day operation of their common interest developments. Through the use of E-mail, Board members instantly can be apprised by their managing agents as to the status of construction, […]
In 1986, the California Supreme Court issued its ruling in Frances T. v. Village Green Owners Association. That decision – which has been the subject of critical commentary – holds that an association and its individual Board members can, in certain circumstances, be liable for bodily injuries sustained by a homeowner arising from a criminal […]