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?
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
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?
Most counties in Ohio begin accepting Board of Revision Complaints on January 1, 2016 and will continue through March 31, 2016.
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.
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).
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?
Question: Our association had a reserve study completed last year by a reserve specialist. The estimated cost to replace/repair common elements currently equates to less than 10% of our operating budget. If we set aside less than 10% of our budget for reserves, are the owners still required to vote to waive the reserve requirement?
Over the past few years, federal, state, and local governments have grappled with the rocketing popularity of unmanned aerial vehicles, also known as drones. The issue has also become a point of concern for some associations as they deal with the challenges and potential benefits of private drone use.
Earlier this year, a Nevada jury awarded a homeowner $614,091.04 in damages against a collection agency. This amount included over $460,000 in actual damages, and nearly $150,000 in attorney fees.