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Usury and your HOA

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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

Clearing the Air on Questions Related to Radon Mitigation

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Question: A condominium unit tests high for radon. The radon report shows that the radon has entered into the unit through the concrete floor; therefore, the owner asks the association to mitigate it. Is the association responsible for mitigating radon found in the unit? Answer: Typically, the association would not be responsible for mitigating radonGo to Resource

Board Basics 101: What Every Board Member Needs to Know

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I.     OVERVIEW OF THE BASICS “Community Association” is the generic term for communities that are created pursuant to recorded covenants or other documents that create an association of the unit or homeowners. The term community association includes condominiums, homeowner associations and housing cooperatives. These are typically organized as non-profit corporations. Condominiums.  A condominium isGo to Resource

Does Your Association Make the Grade?

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Do you think your neighbors ever wonder where the monthly association dues are going? Is it all going into the flower bed at the front of the subdivision or are substantial neighborhood improvements underway? Just how good a job is your homeowners association doing? With thousands of homeowners associations operating communities, it is a questionGo to Resource

So, What’s Your Position?

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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

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