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Litigation Resources

Successful Enforcement of Covenants, Rules and Architectural Standards/Guidelines

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I.       INTRODUCTION A. Community associations use covenants, rules, and architectural standards/guidelines to: Maintain, preserve, enhance, and protect the property values and assets of the community. Preserve the common scheme and harmonious design of the community. Promote harmonious community living. B. Covenants and rules and the fair enforcement are essential for community associations forGo to Resource

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Documenting Accidents – It’s All In The Details

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A manager’s responsibility includes risk management.  There are many components to risk management, most of which are on the anticipatory or preventative side.  But there are post-incident techniques and practices that should be followed.  This article addresses post-incident practices involving a slip and fall or trip and fall accident.  The basic goal is to gatherGo to Resource

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Managers as Trial Witnesses

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  Community managers frequently ask about their role in a trial. They also want to know how to best prepare and present themselves in the unfamiliar setting of a court room. The purpose of this article is to provide some guidance on these topics. If I were to distill the answer to these questions downGo to Resource

FHA Condominium Certifications: The Requirements and Prohibitions

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Introduction The Federal Housing Administration (“FHA”) is a government-owned insurance company that insures home loans for buyers who cannot afford a conventional down payment or prefer to use their available funds in other ways.  In other words, a FHA backed loan allows a home buyer to purchase the home with a smaller down payment thanGo to Resource

Small Claims Court – How Best to Proceed

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With the recent uptick in the economy, individuals have more disposable income, which has attributed to an increase in small claims lawsuits getting filed against associations. Small claims lawsuits fall into one of three primary categories: 1) an alleged failure to follow or enforce the governing documents; 2) an alleged failure to properly and uniformlyGo to Resource

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