Resources

How to Avoid the “Mechanic’s Lien”

Filed Under Complex Litigation, Litigation

Posted September 27, 2011

One of the most annoying things that can happen to an association is to have a mechanic’s lien filed against association property. The lien, until the lienor is paid, can block the sale of every unit in the association. An association may pay a contractor in full and still have a mechanic’s lien filed ifGo to Resource

Homeowner Suits Against Community Associations

Filed Under Complex Litigation, Litigation

Posted September 27, 2011

The relationship between a homeowner and their community association has been increasingly defined in litigation in recent years, due to the rapid growth of common interest communities and the issues being presented to the courts. The community association is usually an incorporated entity operating under corporate nonprofit status. The community association was created by theGo to Resource

Developer Liability Avoidance

Filed Under Governance, Liabilities

Posted September 26, 2011

General Advice to Developer-Appointed Association Directors Why increasing litigation? Some sloppy construction in 1980’s Developer frequently does not understand how Association works Profit center for plaintiff’s counsel Board fearful of breaching fiduciary duties Sometimes Board in control of aggressive few Generally litigious society Be aware of duties Duty of loyalty during transition Directors and fiduciaries. Go to Resource

Dealing With Harassment

Filed Under Enforcement and Fines, Litigation

Posted September 26, 2011

Have you ever felt harassed by a homeowner or even a board member? If so, you join the growing number of board members and managers harassed each year. Harassment has become a serious and far reaching problem for many associations, boards and managers. Not only are rude and abusive owners a bigger problem these days,Go to Resource

Common Mistakes Boards Make at Annual Meetings

Filed Under Governance, Meetings / Action Without Meetings

Posted September 26, 2011

Inadequate notice. The Board should review the association’s bylaws to determine whether it requires annual meetings beheld on a specific date and/ or time. Many older bylaws do specify this information and the Board should not deviate from that requirement without first amending the Bylaws. The Board should review the requirements for member meetings toGo to Resource

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