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...

The art of contract negotiation is often overlooked when associations are contemplating hiring a contractor to provide a particular service or perform certain work.  At the beginning of the relationship, everyone is on their best behavior and thinking that all will go according to plan.  Often, bo Read More...

On July 23, 2010, Attorney General Eric Holder signed Final Regulations revising the Department of Justices’ ADA regulations.  Among other revisions, these new regulations created new standards for accessibility to pools and hot tubs for all “places of lodging” and “places of public recreat Read More...

A North Carolina homeowners association recently discovered it is not immune from theft despite its efforts to minimize the risk of embezzlement. The Parkwood Homeowners Association lost between $150,000 and $200,000 over a 2 ½ year period when it discovered its office administrator was using debi Read More...

Wind has wreaked havoc across Colorado over the past week, peaking at more than 100 mph in some areas across the Front Range. The powerful gusts have caused a variety of damage to trees, homes, and other buildings. Our office has been getting a lot of calls about trees falling on property owned by t Read More...

This article addresses those key affirmative steps a board, on behalf of the association, should take in order to protect the association. Although the needs of every community are inherently different, the following steps are applicable to every association and will help boards stay informed about Read More...

We’ve all heard complaints about hoarders in communities and the health hazards associated with hoarding, such as the infestation of bugs and rodents.  But a condominium community in Phoenix, Arizona experienced the repercussions of hoarding when a fire caused significant damage to a unit due to Read More...

How involved should an association be when the residents in the community start to age and pose possible safety risks to others in the community? As the attached article indicates, an association could be taking on liability by undertaking certain activities to assist elderly residents. Read More...

Discussions of controversial and even not so controversial community association issues are not always models of civility and reasoned political discourse. In this respect, the decision-making process in many homeowner associations does not differ much from what passes for intelligent debate in the Read More...

General Advice to Developer-Appointed Association Directors Why increasing litigation? Some sloppy construction in 1980's Developer frequently does not understand how Association works Profit center for plaintiff’s counsel Board fearful of breaching fiduciary duties Sometimes Board in control of a Read More...