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Litigation Resources

Discrimination by Homeowner Associations – What is it and are you doing it?

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Many homeowner associations, at one point or another, have discrimination charges filed, or threatened to be filed, against them. For the most part, such threats and charges are a direct result of the association enforcing the terms of its governing documents and compelling residents to do something they don’t want to do, or prohibiting residentsGo to Resource

Practical Lessons In Construction Defect Cases

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The Emergence of the Homebuyer’s Rights For many years the phrase “buyer beware” characterized the homeowner’s relative lack of power against the builder of the defective home. Deemed to have an affirmative duty to inspect the property prior to execution of the purchase contract, homebuyers who failed to do so were denied recovery and theirGo to Resource

Challenges to Collection Actions

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An association’s ability to collect delinquent assessments is vital to any community. I am often asked what actions could weaken a lawsuit to collect those assessments. A common collection action is as follows: a homeowner purchases property subject to restrictive covenants but fails to comply with such covenants. A lawsuit based on violation of theGo to Resource

Foreclosures and Receiverships: Which Action Should the Association Pursue?

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The typical process for collecting unpaid assessments is to proceed with a lawsuit after an owner has failed to respond to a thirty-day demand letter.  This route, although successful in many cases, does not always provide the desired results.  Associations are therefore looking to alternative methods of collecting unpaid assessments.  Judicial foreclosures and receiverships areGo to Resource

Foreclosure Of Assessment Liens

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Introduction The Association has a lien for unpaid assessments against each unit in the Association. A lien against the owner’s unit for unpaid assessments is granted in most Declarations.  The time at which the lien attaches depends upon specific wording in the Declaration.  For example, the Declaration may state that the lien attaches when theGo to Resource

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