Case Notes in
Due Diligence
Category
- Access
- Alterations
- Appeals
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- Board of Directors
- Books and Records
- Breach of Lease
- Business Judgment Rule
- Bylaws
- Bylaws/House Rules
- Certificate of Occupancy
- Charges/Fees
- Commercial Unit
- Common Element
- Common Elements
- Companion Animal
- Constitutionality
- Construction Defects
- Contracts
- Conversion
- Defamation
- Discovery
- Discrimination
- Due Diligence
- Easement
- Elections
- Estate
- Eviction
- Eviction/Termination
- Fiduciary Duty
- Fines
- Foreclosure
- Fraud
- Governance
- Gym
- House Rules
- Indemnification
- Indemnification/Subrogation
- Injunction
- Insurance
- Labor Law
- Liability of Directors
- Licenses
- Liens
- Maintenance
- Malpractice
- Management
- Mechanic's Lien
- Mediation
- Misrepresentations
- Motion Practice
- Motion Practive
- Negligence
- Notice of Pendency
- Nuisance
- Occupancy Agreement
- Ownership
- Parking
- Partnership
- Personal Injury
- Pets
- Property Damage
- Proprietary Lease
- Reasonableness
- Receivership
- Release
- Repairs
- Representations
- Sales
- Service of Process
- Sponsor
- Statute of Limitations
- Stock/Shares
- Stocks/Shares
- Sublets
- Succession Rights
- Tax
- Third-Party Liability
- Transfers
- Trespassing
- Trial Practice
- Violations
- Warranty of Habitability
- Yellowstone Injunction
- Zoning
First published: Dec 2024
Having Plans Isn’t EnoughTAKEAWAY The court’s decision shows just how crucial meticulous documentation can be when accidents happen. While it’s common for buildings to have maintenance schedules and inspection protocols, the Downtown Condominium case reveals that simply having these plans isn’t enough—you need to prove they’re being followed. The building’s resident manager testified that the deck was supposed to be checked twice daily, but he couldn't provide records showing these inspections actually happened. This gap in documentation proved costly when the lawsuit came, providing a stark reminder that in today’s legal environment, if you didn’t write it down, it might as well not have happened. For board members and building staff, this means creating clear paper trails for everything from routine inspections to weather-related responses. When snow is coming, document your preparations. When ice forms, record your removal efforts. Keep detailed logs of who checked what and when. Take photos. Save security footage. These records might seem tedious to maintain, but they can make the difference between winning and losing a lawsuit.
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