The number of lawsuits filed by resident managers this past year did not decrease. If anything, they increased. And I don’t believe this reality will change until plaintiff lawyers stop liking money and apartment owners and management companies more fully understand the complex laws surrounding how to pay resident managers (and appreciate the importance of…
It has been another frenetic year – election years often are, and the general state of many parts of the world remains uncertain. But one thing I do know – here at home, many resident managers (and their lawyers) are hard at work scrutinizing whether they are being paid properly, ever-ready to assert claims if…
I have, for many years, been defending employers and homeowners against lawsuits brought by their resident managers or former resident managers. These lawsuits often involve wage and hour claims based on alleged inadequate payment, but many also include claims of wrongful termination or discrimination (reinforcing the notion that “Hell hath no fury like a resident…
It’s hard to believe another year has gone by. Although a lot has changed over this past year, one sad constant has been the steady stream of lawsuits I am seeing filed by unhappy resident managers. On the brighter side, though, I believe many of these lawsuits likely can be avoided in the future with…
I continue in this article to share my insights and experiences defending property owners and management companies so that, hopefully, you gain a better appreciation for how your actions – or inaction – could be planting the seeds of future legal problems with your on-site managers. As in Part I of this article (AOA…
I know that many clients believe I am borderline delusional when I tell them that what they are proposing to do – and sometimes have been doing for a long time – could lead to legal problems. But I know from whence I speak. I frequently defend property owners and employers in lawsuits brought…
Regular readers of this space know that Attorney Dale Alberstone, who for many years has dispensed practical resident manager wisdom and advice to AOA readers, traditionally writes this annual update article. Dale announced his retirement last year, and I have been asked to step in. I consider it a privilege. I want to start by…
Hello everybody. Most everyone hopes that 2022 will bring about world peace, tenants who pay their full rent on time each and every month, and an end to the COVID-19 virus. As the legal writer for the Apartment Owners Association, my hope for AOA members is more modest, but nonetheless extremely important. In fact, it…
Hello everybody. Most everyone hopes that 2021 will bring about an end to the COVID-19 pandemic, landlords will be able to fill their vacancies again, and statewide rent control will be lifted. As the legal writer for the Apartment Owners Association, my hope and New Year’s Resolution wish for AOA members is more modest, but…
Hello everybody. Most everyone hopes that 2020 will bring about the election of great president, low taxes, world peace, and other important things like that. As the legal writer for the Apartment Owners Association, my hope and 2020 New Year’s Resolution wish for AOA members is more modest, but nonetheless extremely important. In fact, it…