BERYS LAW | Business, Real Estate, Wills/Trusts

Homeowners’ Associations (HOAs) are responsible for maintaining the appearance and standards of a neighborhood, which often includes enforcing landscaping rules. However, many homeowners wonder: Can an HOA legally enter your property to fix landscaping without your permission? The answer depends on several factors, including your HOA’s governing documents, the nature of the violation, and local laws.

Understanding HOA Authority

An HOA’s power to act is outlined in its governing documents—typically the Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents may include provisions that allow the HOA to take corrective action if a homeowner fails to comply with landscaping standards. However, this does not mean they have unlimited access to your private property.

In most cases, HOAs can only enter certain parts of your property—usually what’s classified as "common areas" or "easements"—unless they have explicit permission or an emergency situ...

Homeowners’ Associations (HOAs) are designed to maintain the appearance and value of neighborhoods through rules and regulations. One common issue that arises is HOA violations related to lawns or landscaping. If you receive a notice of violation, it’s important to handle the situation promptly and professionally. Here's a step-by-step guide on how to respond to an HOA violation concerning your lawn or landscape.

1. Review the Violation Notice Carefully

The first step is to read the notice thoroughly. Identify what specific rule you are alleged to have violated. HOAs typically reference the relevant clause in the community’s Covenants, Conditions, and Restrictions (CC&Rs). Take note of the deadline given to resolve the issue, any potential fines, and whether there is an appeal process.

2. Understand the Rules

If you're unsure about the violation, revisit the HOA's governing documents, especially the landscaping guidelines. Some HOAs have strict requirements about grass height, ty...

Estate planning involves several important decisions, and for those using trusts to protect and manage assets, appointing a trust protector can add an extra layer of oversight and security. While not always necessary, a trust protector can play a vital role in ensuring that a trust remains effective and adaptable over time. Understanding what a trust protector is—and whether you need one—can help you make smarter, more flexible estate planning choices.

What Is a Trust Protector?

A trust protector is a person or entity appointed to oversee a trust and ensure that it operates according to the trust creator’s (or grantor’s) intentions. Unlike a trustee, who manages the day-to-day administration of the trust and handles distributions to beneficiaries, a trust protector serves a supervisory role. Their powers and responsibilities are defined in the trust document and can vary widely depending on the grantor’s preferences.

Trust protectors are more common in irrevocable trusts, which are ...

In today’s digital age, content is a critical asset for any business. From blog posts and videos to marketing materials and website copy, the content a company creates helps define its brand, communicate with customers, and drive growth. However, many businesses overlook a key component of content management: having a clear and enforceable copyright policy. The absence of such a policy can expose a business to significant legal, financial, and reputational risks.

Legal Vulnerabilities

Without a copyright policy, a business leaves itself open to both copyright infringement and misappropriation issues. Employees, contractors, or third parties might unknowingly use copyrighted materials—such as images, music, or text—without permission. If the original copyright holder discovers the unauthorized use, the business could face legal action, fines, or be forced to take down valuable content. Conversely, if your business creates original content but lacks a copyright policy, others could use...

Property damage caused by a commercial tenant can lead to significant financial and legal challenges for landlords. Whether it’s structural damage, unauthorized alterations, or neglected maintenance, such incidents not only affect the property’s value but can also hinder its future use or leasing potential. It’s essential for landlords to understand the legal steps they should take to protect their investment and seek appropriate remedies.

1. Review the Lease Agreement

The first step is to carefully review the lease agreement. Most commercial leases contain specific clauses that outline tenant responsibilities related to property care, maintenance, alterations, and damage. These clauses typically require the tenant to return the property in its original condition (reasonable wear and tear excepted) and may include provisions for inspections, security deposits, or required repairs.

Understanding the terms of the lease will help determine whether the damage constitutes a breach and wh...

Commercial real estate often brings together various stakeholders—property owners, tenants, developers, and neighboring businesses. While these relationships can be mutually beneficial, conflicts may arise, particularly in the form of nuisance claims and neighbor disputes. These disputes can affect the value, usability, and profitability of commercial properties, making it essential for stakeholders to understand their legal and practical implications.

What Is a Nuisance Claim?

In the context of commercial real estate, a nuisance claim typically involves an allegation that a property owner or occupant is interfering with the use and enjoyment of a neighboring property. This interference can be public—impacting a larger community—or private, affecting specific neighbors. Common sources of nuisance complaints include excessive noise, odors, vibrations, pollution, lighting, or obstructive signage. In commercial settings, issues may stem from restaurant exhaust systems, manufacturing noi...

As remote and hybrid work arrangements become increasingly common, employers must navigate a complex legal landscape to ensure compliance with labor laws and protect both the organization and its employees. While the flexibility of remote work can enhance productivity and job satisfaction, it also introduces new legal challenges. Below are some key legal considerations for managing a remote or hybrid workforce effectively.

1. Wage and Hour Compliance

One of the most critical issues is ensuring compliance with wage and hour laws. Employers must accurately track work hours to avoid violations related to unpaid overtime or missed meal and rest breaks. This is especially important for non-exempt employees under the Fair Labor Standards Act (FLSA). Implementing reliable time-tracking tools and setting clear policies around working hours can help mitigate the risk of wage claims.

2. Tax and Jurisdictional Issues

Remote workers may live in a different state—or even country—than the comp...

Scaling a business is an exciting phase of entrepreneurship, but it also brings a host of legal challenges that can disrupt growth if not proactively managed. Entrepreneurs often focus on sales, hiring, and expansion during this stage, but overlooking legal compliance can lead to serious pitfalls. Understanding and addressing these legal hurdles is essential to building a sustainable and scalable enterprise.

1. Entity Structure and Governance

One of the first legal considerations when scaling is whether your current business structure remains appropriate. A sole proprietorship or simple partnership might work during the early stages, but as you grow, a limited liability company (LLC) or corporation offers better legal protection and more flexibility. For instance, incorporating can shield your personal assets from business liabilities and can also make it easier to attract investors. Alongside this, establishing clear bylaws, shareholder agreements, and operating procedures ensures s...

Emotional Support Animals (ESAs) provide therapeutic benefits to individuals with mental or emotional disabilities. With mental health awareness on the rise, more tenants are seeking the right to keep ESAs in their homes. However, this raises an important question for landlords: Can landlords deny emotional support animals? The answer lies in understanding the Fair Housing Act (FHA) and related legal protections.

What Is an Emotional Support Animal?

Unlike service animals, which are trained to perform specific tasks for people with physical disabilities, ESAs do not require special training. Their primary role is to offer comfort and emotional support to individuals suffering from conditions like depression, anxiety, PTSD, or other mental health challenges. A licensed mental health professional must provide documentation verifying the need for an ESA.

The Fair Housing Act and ESAs

Under the Fair Housing Act (FHA), landlords are required to provide reasonable accommodations to tenan...

Landlords have a legal and ethical responsibility to ensure that rental properties are safe for tenants. Unfortunately, accidents and injuries can occur when property maintenance is neglected or when hazards go unaddressed. Understanding the most common causes of tenant injuries—and how to prevent them—can help landlords protect their tenants and reduce liability.

1. Slips, Trips, and Falls

One of the most frequent causes of injuries in rental properties is slipping or tripping due to unsafe conditions. Wet floors, uneven walkways, loose carpeting, and poorly lit staircases are common culprits.

Prevention Tips:

• Regularly inspect flooring, handrails, and lighting.
• Install non-slip surfaces in bathrooms and entryways.
• Fix loose tiles, torn carpets, or uneven steps immediately.
• Ensure outdoor walkways and staircases are well-lit and free of debris.

2. Faulty Stairs and Railings

Stairways and balconies can become dangerous if they are not maintained properly. Broken railings o...