Steps To Safeguard You and Your Association Have your attorney conduct a legal audit/checkup. Have all insurance policies reviewed by your attorney for coverage, as well as compliance with your governing documents. Amend your Articles of Incorporation to limit board member liability for breaches of fiduciary duty. Amend your Bylaws to provide for broad indemnificationGo to Newsletter
Resources
As the courts and the legal system continue to impose greater duties upon community associations to provide for the security of residents and guests, many boards of directors of owner associations are contracting with armed patrol services to routinely patrol the community. Since there is a significant potential for liability on the part of theGo to Newsletter
Today’s fair housing laws impose many obligations on homeowner associations as well as prohibit many seemingly reasonable actions by associations. And while there are many pitfalls, implementing the following practices will help you avoid stepping into what can be a snake pit of liability: Adopt a policy for handling requests for reasonable accommodations and reasonableGo to Newsletter
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 No, but: Directors can be misled as to their duties and responsibilities by relying on outdated provisions.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 Newsletter
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 Newsletter