Who Does “Our” Attorney Represent Anyway?

An association’s legal counsel represents the association, right?  While it’s true that an association’s attorney represents the corporate entity, in practice it’s not always that simple.  Associations are typically made up of multiple directors, members, and one or more managers, making for a hodgepodge of personalities and opinions.  It is not uncommon for board membersGo to Resource

Utility Easements Over Common Areas and Resulting Damage

Many communities, especially those with common areas, have experienced damage to their common areas by utility companies. Generally, damage occurs when a utility company or its contractor is burying cable or running wires on the common area. Although utility companies, in most instances, have utility easements across common areas and cannot be prohibited from usingGo to Resource

Unused Developer Rights – What To Do With Them?

Most condominium boards are struggling, to some extent, with delinquent common area fees, budget shortfalls, rising foreclosures and other collateral damage from the economic downturn.  Many condominiums will also confront, if they haven’t already, another problem –stalled developments. Some developers who began large-scale, multi-phased projects in happier times earlier in this decade have hit anGo to Resource

Private Transfer Fees: Which Side Are You On?

A private transfer fee (“PTF”) — also known as a reconveyance fee instrument — is a financial instrument where a developer adds to a covenant, a deed, or home purchase contract requiring a percentage of a home’s sale price (usually 1%) be paid every time the property is sold, typically for 99 years. To viewGo to Resource

Online Voting for Board Elections

Your association recently had its annual meeting and 2 board positions were up for election.  Out of 200 members, 10 were in attendance at the meeting, and an additional 10 submitted a proxy for their vote.  There were a total of 20 votes out of a possible 200, or ten percent.  Was apathy or inconvenienceGo to Resource
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