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HOA Resource Center

Most Recent Items

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Oops! The Developer Did It Again!

Imagine renting the HOA club house for a family reunion.  As the reunion is winding down, the attendees decide to have a photograph taken of the family.  After all, who knows when all these relatives will be in the same place again?  Read the full blog. 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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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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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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How to Prepare and Testify in Court

Whether you are a board member or an employee of a management company, you may be called to testify in court in response to a subpoena for records or 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. Read More...
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Harsh New Time Limits on Construction Defect Claims

A recent Colorado Supreme Court decision, Smith v. Executive Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010), considerably shortens the time limit for bringing many construction defect lawsuits.  Homeowners and homeowner associations risk losing the right to seek reimbursement from builders, develop Read More...
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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...
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Practical Lessons In Construction Defect Cases

The Emergence of the Homebuyer’s Rights 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 Read More...