by Kat Marquis | Sep 26, 2018 |
Iguanas in your condo swimming pool? Not cool! A homeowner turning her garage into a disco? That’s a no-go. Unit owners suing your HOA for breach of fiduciary duty and neglect? What the heck!? Seems like just about any HOA struggle can turn into a lawsuit these days. Here’s how to keep HOA lawsuits to a minimum and stay out of court. Read More...
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by Kat Marquis | Jan 18, 2017
Many Community Managers inquire about a better way to resolve disputes in Community Association living than always launching litigation. After all, no one wants on-going conflict where they live. Managers share with me the frustration of Associations they manage with regard to the amount of money, time, and aggravation spent in the court system. Read More...
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by John Richards | Jun 23, 2016 |
HOAs are being confronted more and more with hoarding, but when working with the homeowner to correct the problem fails — what is the association to do? Some Associations look to state and municipal governments for help, but these organizations simply don't want to get involved and will only go so far if you live in a private condominium or association. In most cases this leaves HOAs to take corrective action themselves in order to stop the hoarding and restore the quality of life. Read More...
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by Jill Kalter | Jun 8, 2016 |
Oftentimes when someone mentions mediation, divorce instantly comes to mind, not how it applies to your HOA.
Some states have adopted mediation as the “go to” standard in HOA disputes prior to entering litigation. The State of Florida Homeowners Association Act requires presuit mediation before litigation.i Colorado’s Judicial Department Office of Dispute Resolution promotes HOA mediation, guiding parties through the system and promoting the benefits of mediation.ii These are just two examples of states that use mediation in HOA disputes. Read More...
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by Tyler Lamarr | Nov 3, 2015
When an HOA board discovers construction defects in the common property it’s faced with some very difficult decisions. In Utah, like many states, an HOA’s ability to bring a claim for faulty constructions is relatively new. The fact is, there are no guarantees that you will win the case, and even if you win, the proceeds may not cover all of the costs. It is critical that the HOA select lawyers who are knowledgeable about construction defect laws and the nuances of HOA law. Read More...
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