Litigation Resources

What Is Fair Housing?

Filed Under Discrimination, Litigation

Posted September 17, 2011

In April 1968, President Lyndon Johnson signed the Civil Rights Act of 1968. The Act was a follow-up to the Civil Rights Act of 1964. The Act prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) disability, and family status. The Act, along withGo to Resource

5 Ways to Avoid A Discrimination Claim

Filed Under Complex Litigation, Discrimination, Litigation

Posted September 17, 2011

Today’s fair housing laws impose many obligations on homeowner associations as well as prohibit many seemingly reasonable actions by associations. And while there are many pitfalls, implementing the following practices will help you avoid stepping into what can be a snake pit of liability: Adopt a policy for handling requests for reasonable accommodations and reasonableGo to Resource

The Association’s Superlien: What Was It Intended To Be, What Is It, and Where Is It Going?

Filed Under Collections, Litigation

Posted September 17, 2011

There has been much conversation in recent years, and considerably more in recent months, about the association’s limited priority lien, or “superlien.” What was it intended to be, what is it, and where is it going? What was it intended to be? The superlien was created in order to protect associations against loss of assessmentsGo to Resource

Lien Assignment Process and Procedure

Filed Under Collections, Litigation

Posted September 17, 2011

The lien assignment process almost always begins with the owner’s mortgage lender (i.e. bank) commencing a foreclosure on its first deed of trust. Prior to the bank proceeding to foreclosure sale, it must submit a bid to the Public Trustee’s office. At that time, investors review the bank’s bid and determine if they would beGo to Resource

Is An Impound Fund the Solution to Your Association’s Delinquency Problems?

Filed Under Collections, Litigation

Posted September 17, 2011

Recently an association inquired whether it would be a good idea to require an impound fund for all new owners in an effort to curb the community’s delinquency problems. The idea behind the proposed impound fund, also called a reserve or escrow account, is that each new owner would be required to put an additionalGo to Resource

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