For those of you who have served, or currently serve on a board of directors or an architectural review committee, have you ever felt like the evil parent telling your child “no”? No matter how you put it, the child continues to argue that he/she should be able to carry out the “forbidden” activity, untilGo to Resource
Litigation Resources
Does your community have an upcoming homeowner meeting that includes voting on issues such as director elections, special assessments, or document amendments? Assuming your community also has owners that are delinquent in the payment of assessments, do you allow such owners to participate in the vote? Since the number of delinquencies and violations in associationsGo to Resource
We’ve all heard the horror stories of over the top holiday decorations, TLC has gone so far to do a show aptly names “Invasion of the Christmas Lights”. We’ve all watched the glorious moment when Clark Griswold dramatically plugs in his Christmas lights only to find out there’s a problem, but eventually with a flipGo to Resource
Compounding interest, late fees, and processing fees can sometimes lead to claims that the association has violated state and federal usury laws. Usury laws apply only to loans, and homeowners association assessments are not considered loans. Generally, usury laws should not apply to homeowners association late fees. However, some courts have disagreed with this positionGo to Resource
Ok, so you have a delinquent owner that the association wants to foreclose on. It is common knowledge that delinquent assessments give rise to liens which encumber the property for the amounts owed. But what if the association isn’t the only one not being paid? What if there is a lien from a credit cardGo to Resource