Who Does “Our” Attorney Represent Anyway?

An association’s legal counsel represents the association, right?  While it’s true that an association’s attorney represents the corporate entity, in practice it’s not always that simple.  Associations are typically made up of multiple directors, members, and one or more managers, making for a hodgepodge of personalities and opinions.  It is not uncommon for board membersGo to Resource

Utility Easements Over Common Areas and Resulting Damage

Many communities, especially those with common areas, have experienced damage to their common areas by utility companies. Generally, damage occurs when a utility company or its contractor is burying cable or running wires on the common area. Although utility companies, in most instances, have utility easements across common areas and cannot be prohibited from usingGo to Resource

Unused Developer Rights – What To Do With Them?

Most condominium boards are struggling, to some extent, with delinquent common area fees, budget shortfalls, rising foreclosures and other collateral damage from the economic downturn.  Many condominiums will also confront, if they haven’t already, another problem –stalled developments. Some developers who began large-scale, multi-phased projects in happier times earlier in this decade have hit anGo to Resource

Uh-oh, Our Builder Filed Bankruptcy. Now What?

In the Association context, the term “Declarant” usually refers to the developer of the community. While the project is being developed, the Declarant is responsible for the management of the Association. Also, the Declarant initially holds the voting rights and appoints the first Board of Directors. When the Declarant is finished building the community andGo to Resource

Special Assessments, Reserve Funds, Reserve Studies, Oh My!

Hypothetical: Owner lives in a decades old association. Owner consistently pays assessments in a timely manner. Owner’s association needs to make a major renovation to replace siding and repair wood structures, which will cost the association approximately two million dollars. The association does not have an adequately funded reserve fund and a special assessment isGo to Resource
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