Resources

To Amend Or Not To Amend

Filed Under Amending Your Governing Documents

Posted September 17, 2011

Sooner or later most every homeowners association is faced with the question of whether or not to amend its legal documents. Here are some common questions and answers: 1. Are associations legally required to amend their documents? No, but: Directors can be misled as to their duties and responsibilities by relying on outdated provisions. TheGo to Resource

The Extraordinary Remedy Of Receivership

Filed Under Collections

Posted September 17, 2011

Courts many times have characterized receiverships as a drastic, extraordinary remedy. They have called it a powerful weapon that should be used sparingly and only where clearly necessary. It follows naturally from this common judicial view that an association should carefully approach the question of whether the uncommon remedy of a receivership should be usedGo to Resource

The Effect of Public Trustee Foreclosure On Association Liens

Filed Under Collections, Foreclosure

Posted September 17, 2011

Foreclosures through the Public Trustee’s office tend to increase when the economy falters but even in strong economic times associations will be faced with the repercussions of public trustee foreclosures. These foreclosures are generally commenced by first mortgage holders and can have a significant impact on associations. To understand the impact it is necessary toGo 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

Servicemembers Civil Relief Act and Its Implications for Homeowner Associations

Filed Under Collections, Samples, Forms, Checklists

Posted September 17, 2011

The Service member’s Civil Relief Act (SCRA) expanded upon the former Soldiers’ and Sailors’ Civil Relief Act (SSCRA). The SCRA provides a wide range of protections for individuals entering, called to active duty in the military, or deployed service members. What affect does this law have on your association regarding collection of past due assessments? Go to Resource

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