Tuesday evening, the Pennsylvania Liquor Control Board (PLCB) sent out an email notification indicating that, effective immediately, certain measures that were in place during the COVID-19 pandemic have been eliminated.  The most notable changes relate to the temporary authorization that the PLCB granted to allow for the use of expanded outdoor seating areas and the sale of mixed drinks to go by retail licensees.

What’s the genesis of this? Why is the rug seemingly being pulled out from under an industry that generates over $24 Billion in sales?  The industry surely deserves better. Today’s post will explain how and why they’re making these decisions as the disaster declaration ends.

Continue Reading End of the Disaster Declaration Disastrous for Licensees

In the last installment of the series, I went through some of the terms that Associations need to know when a Unit Owner files for Bankruptcy.  This edition will talk about the “Automatic Stay” and how it affects Creditors like an Association. The first thing to remember is that Bankruptcy is a way to allow people who have debts to get a fresh start.  The Automatic Stay gives Debtors some cooling off time.  It is a period where Debtors do not have to worry about anyone trying to collect against them.

How Does an Automatic Stay Limit Collections?

When someone files for Bankruptcy, they automatically get protected by an Automatic Stay.  Basically, the Automatic Stay stops all actions against the Debtor. The Automatic Stay prohibits anyone from starting or continuing any kind of legal action against a Debtor that does any of the following:

Continue Reading Condominiums, Homeowners’ Associations and Bankruptcy: The Automatic Stay

Has your Board, especially if it has a financial professional on it, ever looked with dismay at the low interest that a Capital Reserve Fund is earning?  They may think that if they could get a better return on that Reserve Fund, then they could do more projects.  Or they could reduce assessments.

This is when they ask about investing the Reserve Funds. Some of the questions that I get the most are:

  • How can an Association invest their capital reserve funds?
  • Does the Association need to keep its money in CDs?
  • Can it invest in the market to get a better return?


Continue Reading Can an Association Invest Its Capital Reserve Funds?

In the last installment of this series, I explained that Bankruptcy is a federal law designed to help people who owe money get a fresh start.  In this part, I want to explain some terms that are helpful to remember.

These are going to be the way that I think of the terms – in plain English.  If you want to see the definitions in the official United States Bankruptcy Code, you can look here.

Continue Reading Condominiums, Homeowners’ Associations and Bankruptcy: What is an “Automatic Stay” and Other Terms You Need to Know

Now that people who have been vaccinated are allowed to throw away their masks, the question on people’s minds is, “How do we enforce that?” Employers want to know if they can ask their employees for proof of vaccination.

Surprisingly, yes.

Most employers are allowed to ask their employees for proof that they have received vaccines. Asking for proof of a vaccine does not violate HIPAA or the ADA.

Continue Reading Can Employers Ask Their Employees for Proof of Vaccination?

Bankruptcy helps people who can no longer pay their debts get a fresh start.

This is the statement that comes at the very top of the page for the United States Bankruptcy Courts. Every accountant and attorney who has ever taken a class on Bankruptcy has heard this said in the first five minutes of the first day of class.

Bankruptcy is first and foremost a societal method to help a person who cannot pay their debts (the “Debtor”).  Current Bankruptcy laws also try to make things as fair as possible to the people who are owed money (the “Creditors).

But we always need to remember that Bankruptcy is there to protect the Debtor.

Continue Reading Condominiums, Homeowners’ Associations and Bankruptcy: What is Bankruptcy?

Collection of assessments is one of the biggest headaches for many Community Associations.  Most of the time, collections follow a standard process.  It might be slow and take several steps.  But, since assessments are liens on the unit and since an Association can collect all of its attorneys’ fees and costs, an Association can collect all of its assessments most of the time.

However, when a Unit Owner files for Bankruptcy, the collection process changes.

Collecting Unpaid Assessments during a Bankruptcy

I have worked with a number of Associations who thought that once a Unit Owner filed for Bankruptcy, they had to write off all of their uncollected assessments.

I also have seen plenty of others do nothing while the Bankruptcy process lumbers on.  This just makes the already large delinquency even bigger.

Associations can collect unpaid assessments when a Unit Owner is in Bankruptcy. 

Continue Reading Condominiums, Homeowners’ Associations and Bankruptcy: How Does a Unit Owner Bankruptcy Affect Collections?

As expected, the Governor’s office and the Department of Health (DOH) have released updated guidance to help bars, restaurants, hotels and others implement the updated mitigation orders that will allow many businesses to increase their capacity starting April 4.  Here is a link to the full guidance, as well as a link here for updated FAQ’s issued by the Department of Health, but I highlight a few of the main items below.

Bar Service

You can resume bar service provided you implement the following rules.

  • Patrons must be seated in order to be served.
  • Bar blocks or some type of divider must be used to separate parties. Alternatively, if partitions are not used, then seats between parties must be spaced at least 6 feet apart. If multiple people are in a party, they may sit next to one another at the bar, without 6 feet of space in between.  The 6 feet of space is required between parties, not individuals in the same party.
  • A customer may walk up to the bar in order to purchase food or drink but must then return to their seat in order to consume it.


Continue Reading Updated Restaurant Guidance for April 4th Increased Capacity

Background

On January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 (the “Defense Bill”) was enacted into law. This Defense Bill contained the Corporate Transparency Act (the “Act”).  The Act is designed to collect beneficial ownership information for Reporting Companies for several specific reasons including, but not limited to:

  • Protecting the United States’ national security interest
  • Protecting interstate and foreign commerce
  • Assisting critical national security, intelligence, and law enforcement efforts to counter money laundering, financing of terrorism, and other illegal activities.

What is a Reporting Company?

Generally, an entity is considered a Reporting Company if it is:

Continue Reading The Corporate Transparency Act: What Does it Mean for Your Small Business

One year ago today, on March 18, 2020, Aaron Marines wrote a blog article entitled How Does Coronavirus Affect Your Contracts? When that article was published, we were at the beginning of a government-mandated shutdown that was supposed to last for two weeks, just long enough to “flatten the curve” of COVID-19 cases.

Now, one year later, with shut down orders still partially in effect and the phrase “flatten the curve” a distant memory, I decided to look back at what has happened on the Lancaster Law Blog. What I saw was a variety of articles about all of the things we here at Russell, Krafft & Gruber have done to stay up-to-date on the fast-paced changes to help our clients through this difficult time.

Virtual Offices

After the initial shutdown orders took effect, we quickly pivoted to working remotely through Russell, Krafft & Gruber’s virtual office to avoid any lapses in service for our clients. I was pleasantly surprised when I spoke with a client recently who was shocked to learn that most of our conversations over the past year took place with me at my dining room table.

Continue Reading COVID-19 and the Law: One Year Later