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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
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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...
article
How to Avoid the "Mechanic's Lien"
One of the most annoying things that can happen to an association is to have a mechanic's lien filed against association property. The lien, until the lienor is paid, can block the sale of every unit in the association. An association may pay a contractor in full and still have a mechanic's lien Read More...
Topics: Litigation, Complex Litigation
article
A Twelve Step Process to Address Discrimination Complaints
We have noticed an increased filing of Colorado Civil Rights Division (CCRD) Complaints in the past year. These complaints can be costly and rather embarrassing if not properly addressed in the early stages of an investigation by the Colorado Civil Rights Division. Typically, the complaints alle Read More...
article
Homeowner Suits Against Community Associations
The relationship between a homeowner and their community association has been increasingly defined in litigation in recent years, due to the rapid growth of common interest communities and the issues being presented to the courts. The community association is usually an incorporated entity operati Read More...
Topics: Litigation, Complex Litigation