Litigation Resources

Because I Said So, That’s Why!

Filed Under Enforcement and Fines, Litigation

Posted May 1, 2013

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

Should Delinquent Owners be Allowed to Vote?

Filed Under Collections, Governance, Litigation, Meetings / Action Without Meetings

Posted February 1, 2013

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

It’s a Griswold’s Kind of Christmas

Filed Under Enforcement and Fines, Litigation

Posted December 5, 2012

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

Usury and your HOA

Filed Under Collections, Litigation

Posted November 1, 2012

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

So, What’s Your Position?

Filed Under Foreclosure, Litigation

Posted October 1, 2012

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

Litigation Resources

Keep In Touch

Schedule a Consultation