Below is a review of the posts on Facebook and LinkedIn from the past week. You can check out the full posts by clicking on the links.
NOTE: remember that we now post every other day.
The posts on Monday 4/27/2026, here and here, noted resident wants to know which neighbors owe HOA dues. Can HOA say? This is like a Dear Abby for condo/HOA question …
Question: Our association has very few reserves, and the board is finalizing an assessment for new roofs. Our “bad debt” receivables number has been going up, and I’m sure it will balloon once the assessment comes due.
Are we (the owners in the community) allowed to know just the number of people in arrears? We are not asking for any names or addresses, just the number of delinquent villa owners. Our board of directors believe giving out even this basic data might be illegal. Signed, P.D.
Answer: Dear P.D., You’re entitled to that information, and a lot more (this author’s note: in FL). Every owner (this author: in FL) is entitled to inspect “a current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.”
And if you think about it this makes sense for the reasons explained in the post.
But do you know what is required in PA? First, you should look to the condominium or HOA Declaration (of CC&Rs) and Bylaws, as either or both might contain provisions related to records review by owners. Then look at the relevant act (PA Uniform Condominium Act or PA Planned Community Act) if it applies and, assuming the association is a non-profit corporation, the relevant sections of the PA Non-Profit Corporation Law. And then the facts of the situation (i.e., the records the owner wants to review) must be viewed in light of those foregoing documents.
TAKEAWAY: Records review requests have increased and this author anticipates they will become even more frequent in PA. It is imperative that Board members and management agents know what is or is not subject to owner review – work with a community association lawyer to make sure any decision made is legally compliant.
The posts on Wednesday 4/29/2026, here and here, told us that Kroger store violated ADA by revoking worker’s accommodation, EEOC claims.
A Kroger store in Texas discriminated against an employee with neuropathy when a manager rescinded an accommodation that had been granted to the employee by a previous manager, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed March 26 (which is linked in the post).
The employee in EEOC v. Kroger Texas L.P.-Houston Division began experiencing an impairment in 2020 that limited her ability to stand and walk. She requested a walker as an accommodation and also permission to have frequent chances to sit. The store’s general manager granted the accommodation, which was continued through July 2023, when a new manager (yep, those are often the key words for an adverse and possibly illegal change that will come) allegedly revoked it.
What the EEOC alleged the new manager did (or in this case, also refused to do) is detailed in the post. EEOC alleged those actions violated the Americans with Disabilities Act and the Civil Rights Act of 1991. Kroger did not immediately respond to a request for comment. Let’s take a closer look.
The facts as outlined in the EEOC’s complaint (again, that is linked in the post) show how managerial changes can give rise to ADA claims when policies are inconsistently applied. Here the EEOC claimed that two successive managers had recognized the employee’s accommodation and allowed it to continue, but then the last manager — allegedly in consultation with HR staff (author comment – which just makes it worse!) — halted the accommodation.
What the EEOC alleged the new manager did and said is in the post. And it got worse: although the new manager allegedly instructed the employee to request leave until she could return without an accommodation, the EEOC claimed that Kroger denied the employee’s subsequent leave requests and informed her that she was on an “unapproved leave of absence” before terminating her. Ugh.
A quote from an EEOC senior trial attorney is in the post – and is a very short but to the point reminder for employers. Also, it is not uncommon for mangers (especially ones new to the position and trying to “prove” themselves or those brought in for a specific purpose like a hired gun) to undo or fail to continue an existing accommodation or lack the training necessary to make an informed and proper decision.
Relative to managerial changes, the EEOC has pursued ADA lawsuits where the alleged result is noncompliance. In January, the agency settled such a suit with Walmart – see the link in the post and our posts of Fri. 2/6/2026, here and here.
Employers (and HR) should also keep in mind that company policies that prohibit sitting or similar activities may not override ADA requirements. The employer was reminded of this in the EEOC’s 2024 settlement with a New York City hotel (linked in the post). But policy modifications can be a reasonable accommodation under the ADA in the right circumstances and with the right facts.
TAKEAWAY: Employers have a duty to reasonably accommodate under the ADA; they must know what that obligation entails, including any limits. Consult an employment lawyer to be sure.
The posts on Friday 5/1/2026, here and here, were about from ashes to lawsuits: $23K HOA bill divides community ravaged by wildfire. This is incredibly unfortunate … but perhaps there was a reason for the short time to pay the special assessment? Let’s look at the back story.
The homeowner’s association of a community devastated by the Eaton wildfire in Altadena, California, has filed at least one lawsuit and is threatening more against homeowners who haven’t paid a hefty HOA bill — for homes that are gone! In an explosive report (linked in the post), the Los Angeles Times details how the HOA for the luxury, gated community of La Vina assessed owners $23,000 each last July and gave them until Sept. 1 — just over a month — to pay the bill.
Recently the HOA filed suit against one owner whose home went up in flames, seeking to foreclose on the empty lot. How many homes in this HOA community were lost to the wildfires in January 2025 is noted in the post (and may make you cry).
The Eaton fire was devastating according to CALFIRE. How many structures across Los Angeles County were destroyed by the Eaton and Palisades fires, and how many people lost their lives, is noted in the post (which also contains a link to a story with more details).
On the flip side, the fires brought many communities closer as owners and residents scrambled to save each other’s homes or help the elderly and disabled evacuate. But La Vina HOA’s controversy has sharply divided that community just over a year after the disaster. The LA Times’s report of comment from the HOA board, its attorneys, and its management company is noted in the post.
So what was the need for the special assessment? Owners were told it was to pay for $6.4 million in damages and to help rebuild the community. Some owners’ insurance policies covered their special assessment. Some owners believe the special assessment is justified (and how they described it – which reminds you of where the community is located and much of its ownership – is in the post). But then some owners said that giving people only 34 days to pay was unfair.
TAKEAWAY: HOAs (and condominiums) have legal obligations regarding rebuilding after disaster, but if the insurance money to fulfill those obligations is insufficient, then owners must pay out of pocket to put enough into the HOA coffers. Both the association’s Governing Documents or applicable state law might have provisions that apply in case of disaster (or condemnation or eminent domain) – work with a community association lawyer to ensure you know the rights and obligations of owners and the association.