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HOA Resource Center

Most Recent Items

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Discrimination: An Overview of the Federal Fair Housing Act and a Study of Discrimination Claims Filed Against Associations

At one point or another many associations have had discrimination charges filed, or threatened to be filed, against them for violations of either the Fair Housing Act or their state-specific anti-discriminatory laws. In some cases, the discrimination is obvious. For example, an association that ref Read More...
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Essential Documents in a Collection Trial

Has your association been involved in a collection matter that went to trial?  Very few of our collection cases make it to trial, but when they do, it can be unnerving for board members and managers because it may be unfamiliar territory.  This article will address the documents that are essential Read More...
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Discovery – It’s Not Just a Channel

Although Discovery is a very interesting cable channel, it is also a broad all-encompassing term to describe the fact-finding process in a lawsuit. Lawyers are literally discovering facts, evidence, witnesses, and case theories utilizing a variety of discovery tools.  Without the aid of discovery t Read More...
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Depositions: What are They?

A Deposition is one of the most useful tools employed during the litigation of a case to gather information. It is the oral testimony of a witness, usually the opposing party, which is reduced to writing for later use in court or for discovery purposes. Depositions are a vital part of the discovery Read More...
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Preserving Evidence - What Does it Mean and How do you do it?

This article summarizes the reasons why community associations need to have systems in place for preserving evidence.  Associations are routinely involved in disputes, claims and litigation, such as accidents, covenant enforcement, construction defects, assessment collections and contract disputes. Read More...
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How to be a Great Witness

Whether you are a board member or an employee of a management company, you may be called to testify in court as a witness to events. Here are some practical hints and suggestions on what to do and how to do it well when you are asked to serve as a witness. Bear in mind that testifying is not a commo Read More...
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A Litigation Overview and What to Expect in Litigation

Litigation is an inevitable part of community association operations. Yet many community association board members and managers have concerns or even fears about litigation. The purpose of this article is to provide education and guidance about the litigation process. Demystifying some of the proce Read More...
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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...
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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...
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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...

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