Question: Our Association is involved in pending litigation, and we have reached a tentative settlement with the opposing party. We need to vote on approving the settlement; however, one of our board members is out of the country and cannot be reached at this time. Can the 4 out of 5 board members just vote to approve the settlement?
Until a few years ago, the answer to this question was generally no. While the Association could generally prevent smoking in the indoor common elements, the Association was generally powerless to attempt to prohibit smoking in outdoor common elements or within the units.
Clients often ask us about Fair Housing Administration (FHA) backed loans: What are they? Who can get them? And what do they mean for an association? There are many misconceptions about what exactly an FHA backed loan entails.
Many Associations limit the types of signs that may be posted on the property. In a case out of New Jersey, a group of owners sued their association alleging violation of their rights to free speech and expression.
Preventing delinquencies is a common goal for most associations. Likewise, collecting from delinquent owners is a requirement from time to time. Communicating the association’s collection strategy to all owners is key in preventing delinquencies in the first place.
Question: We have a member who is delinquent in their association maintenance fees. The Board feels bad for the owner and their current situation. We want to make a hardship exception for this individual. Can we make a hardship exception for this owner to delay payments or to waive late fees?
Question: Summer is coming and we are thinking of hosting a community picnic, at which we plan to have a softball game and provide alcohol. Are we at risk by doing so?
The attorney-client relationship protects communications between lawyers and their clients from disclosure. Attorney-client privilege exists so that clients and their lawyers can speak openly and honestly about issues that the client faces. In a lawsuit the privilege is important because it protects clients from disclosing information that could be potentially damaging
As attorneys, our job is to help associations stay out of the courtroom. We do this by practicing proactive lawyering and helping associations develop a risk management team to help keep unwanted litigation to a minimum. Every association should have a team of professionals on its side, including attorneys, insurance agents, bankers, and accountants. But even the most well-run association can be slapped with a lawsuit from a disgruntled owner or vendor. Using an association’s team of experts when a lawsuit comes in is key to successfully defending any claims of wrongdoing
Question: Does it make sense for our Association to sell unpaid collection accounts to a third-party judgment recovery company for a cash lump sum?
1300 E 9th St, Suite 1520
Cleveland, OH 44114
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