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Articles & Resources

Our Clients Ask Us: Community Picnics

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?

Our Clients Ask Us: Hardship Exception for Maintenance Fees

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?

Keeping Your Cards Close To The Vest: Community Associations And The Attorney-Client Privilege

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

Our Clients Ask Us: Judgment Recovery Companies

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?

The Association Has Been Sued: Now What?

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

Service Animal vs. Emotional Support Animal

At associations where pets are prohibited, or that have certain restrictions with regard to pets, many Boards are faced with requests from owners to have service animals or emotional support animals.  Often, Boards will ask: Do we have to allow this?  Is the animal allowed everywhere in our Association?  What kind of medical professional must certify that the animal is needed?

2015 Board of Revision Complaints

Most counties in Ohio begin accepting Board of Revision Complaints on January 1, 2016 and will continue through March 31, 2016.

Delinquent Owners: How Can a Board Suspend Privileges?

Dealing with delinquent owners can be trying for many associations.  Even with a proper collection policy, it is sometimes the case that the monthly late fees added to their account do not motivate delinquent owners to pay on time.

Pets Behaving Badly - Pet Restrictions in Community Associations: Part 2

Taking enforcement action against a neighbor is never pleasant; however, it can become particularly burdensome when pets are involved.  It is a Board member’s duty to enforce the governing documents, and some violations can be relatively easy to address (including failure to leash or clean up after a pet).

Our Clients Ask Us: Collection Policy/Late Fees

Question: Our association implemented a collection policy last month after several years of not having one in place.  The policy provides that we can charge monthly late fees.  If an owner has been delinquent for two years, but we have never charged a late fee, can we go back now and charge them retroactively?

As your legal counsel, we become part of your team, providing the legal component to your business decisions.

Let us get started today.

216-771-2600

Ott & Associates Co., LPA

1300 E 9th St, Suite 1520
Cleveland, OH 44114

Ph: 216-771-2600
Fx: 216-830-8939

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