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Mediation Concepts and Uses
This article provides a brief overview of mediation concepts and uses. Mediation is a powerful and creative dispute resolution process. Associations should consider mediation as an alternative approach for resolving certain disputes that arise in their communities.
Mediation is an informal process Read More...
Topics: Litigation, Complex Litigation
Most Recent Items
blog 
Are There Any Hidden Dangers in Your Community?
Condo Owner Magazine recently posted a tragic story about a 14-year old boy who fell off his skateboard and was hit by a vehicle. The magazine reports that after building substantial speed he came down an elevated ramp in the condo parking garage, crossed the biking path that marked the edge of th Read More...
blog
Security in Associations
We often warn clients not to use the word “security” in governing documents, rules, signs, etc. Why? Because, the creation of an appearance that the association is providing, enhancing or maintaining security can create liability. Recently, a New York woman was raped by a pizza delivery bo Read More...
article 
How the Colorado Civil Access Pilot Project May Impact Your Association
The Colorado Civil Access Pilot Program (“CCAPP”) significantly impacts timelines associated with service, disclosures, pleadings and discovery in District Court litigation. CCAPP also impacts the scope of discovery and limits the use of experts at trial. CCAPP was designed with the goal of Read More...
Topics: Litigation, Complex Litigation
news
Tax Liens on Common Areas
With more and more developers going bankrupt and pulling out of partially constructed residential projects, we are seeing more and more instances of common area tracts, or tracts that are intended to become common areas in the future, being encumbered by tax liens where the developer owner has faile Read More...
pdf 
Practical Lessons In Construction Defect Cases
For many years the phrase “buyer beware” characterized the homeowner’s relative lack of power against the builder of the defective home. Deemed to have an affirmative duty to inspect the property prior to execution of the purchase contract, homebuyers who failed to do so were denied recovery Read More...
Topics: Litigation, Complex Litigation
news
Law Suit First Aid: What an HOA Must Do When Sued
Associations should seek to avoid disputes and lawsuits wherever possible through effective communications, fair dispute resolution practices and good governance. But in our litigious American society, it is a fact of life that lawsuits are filed by, and against community associations. When the Asso Read More...
Topics: Litigation, Complex Litigation
news
Protecting Your Association From Mechanics' Liens
In the current economic climate, collection of assessments may not be the only financial issue facing associations. In recent months, we have seen an increase in the filing of mechanics liens against associations. The most common scenario we see, does not result from the association not paying a c Read More...
Topics: Litigation, Complex Litigation
news
WHOOPS!- Slips and Falls (Why Homeowners Or Other People Sue)
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 asso Read More...
Topics: Litigation, Complex Litigation
article
5 Ways to Avoid A Discrimination Claim
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 Read More...
article
Do You Trust Me?
A major component to achieving success at trial is gaining credibility with the judge and jury. While there are many actions you can take at trial, you really gain your credibility before the lawsuit is even filed. Adhere to the following five points and your credibility with a judge or jury wil Read More...