Resources Archive - Page 74 of 77 - Altitude Community Law

WHOOPS!- Slips and Falls (Why Homeowners Or Other People Sue)

Filed Under Complex Litigation, Litigation

Posted September 17, 2011

Associations have legal responsibilities under the governing documents and through common law to take reasonable steps to exercise reasonable care to protect against dangers of which the Association actually knew or should have known. There are several common sense risk management strategies associations can take to minimize the chance of a personal injury claim byGo 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

Lien Assignment Process and Procedure

Filed Under Collections, Litigation

Posted September 17, 2011

The lien assignment process almost always begins with the owner’s mortgage lender (i.e. bank) commencing a foreclosure on its first deed of trust. Prior to the bank proceeding to foreclosure sale, it must submit a bid to the Public Trustee’s office. At that time, investors review the bank’s bid and determine if they would beGo to Resource

Is An Impound Fund the Solution to Your Association’s Delinquency Problems?

Filed Under Collections, Litigation

Posted September 17, 2011

Recently an association inquired whether it would be a good idea to require an impound fund for all new owners in an effort to curb the community’s delinquency problems. The idea behind the proposed impound fund, also called a reserve or escrow account, is that each new owner would be required to put an additionalGo to Resource

I’m Having an Out of Money Experience

Filed Under Collections, Financial, Litigation

Posted September 17, 2011

Having difficulty staving off the rising tide of delinquencies? And are the circumstances that have put your association in this position outside of your control? You can’t control the economy or extinguish the existence of foreclosures and bankruptcies in your community, but you can control how you respond to these and other scenarios that tendGo to Resource

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