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Category: Homeowners Association

Federal Court Rules Corporate Transparency Act Unconstitutional

Federal Court Rules Corporate Transparency Act Unconstitutional

In the landmark case of the National Small Business Association et al. v. Janet Yellen et al., the United States District … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Legislation
Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association?

Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association?

Surprisingly, the answer is yes. In the recent case of First Equitable Realty III, Ltd. vs. Grandview Palace Condominium … more

Posted in Amendments, Common Elements, Condominium Association, Developer Issues, Governing Documents, Homeowners Association, Turnover from Developer Control
Community Association Quorum Issues

Community Association Quorum Issues

In the final article on our series on the basics of community association meetings, we address common questions involving … more

Posted in Condominium Association, Governing Documents, Homeowners Association, Notice of Meetings, Quorum
Recovering Clerk of Court Fees After Vacated Foreclosure Sale – It Can Be Tricky

Recovering Clerk of Court Fees After Vacated Foreclosure Sale – It Can Be Tricky

Filing suit in court is always accompanied by additional administrative costs and fees, including clerk of court fees. … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
HOAs Suing as Representative of Owners are Bound by Arbitration Provisions in Owner Sale Agreements and Deeds

HOAs Suing as Representative of Owners are Bound by Arbitration Provisions in Owner Sale Agreements and Deeds

Earlier this year, we published an article titled Covenants to Arbitrate Construction Defect Disputes Within a Deed Run With … more

Posted in Arbitration, Community Association, Construction Defects, Contracts, Homeowners Association
Is Self-Help Required?

Is Self-Help Required?

While one of the primary functions of an association is to maintain and enforce the owners’ obligations imposed upon them … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, Enforcement of the Governing Documents, Governing Documents, Homeowners Association
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