At the 2017 Community Association Law Seminar, presented by the Community Association Institute’s College of Community Association Lawyers, Kaman & Cusimano partner Bob Kmiecik was inducted into the College of Community Association Lawyers. Bob joins partners David Kaman, Jay Cusimano, and Darcy Good in CCAL, along with approximately 150 attorneys around the country. CCAL inducts […]
K&C Attorney Bob Kmiecik Inducted Into CCAL Read More »
Homeowners elect board members at the annual meeting, who are then responsible for making comprehensive business decisions for the association, such as setting the annual operating budget, entering into contracts, promulgating rules, and enforcing restrictive covenants. Because the board has extensive decision making power over the association, owners want to (and also mistakenly believe in
A short sale is a common alternative to foreclosure when a delinquent owner owes lien holders on the property more money than the property is actually worth. A short sale can occur prior to the filing of a foreclosure action, but it is still a frequently used alternative to a sheriff’s sale in a pending
Short Sales and Community Associations Read More »
As explained in a recent Kaman Report, in July 2016, President Obama signed into law H.R. 3700, the “Housing Opportunity through Modernization Act of 2016.” This law allowed FHA 90 days to issue new regulations pertaining to the owner occupancy requirements when reviewing condominium associations for FHA certification. On October 26, 2016 FHA released Mortgage
FHA Has Issued New Owner Occupancy Requirements for Condominiums Read More »
As community associations hold their annual meetings, boards should be reminded that for most associations, owners do NOT need to approve the treasurer’s report or annual budget. The majority of association Bylaws provide an outline for the annual meeting agenda, which includes approval of last year’s annual meeting minutes by owners, reports of officers, and
Budget Approval Motion NOT Needed at Owners’ Meeting Read More »
A land contract (or “land installment contract”) is a contract between a seller (often referred to as the “vendor”) and buyer (“vendee”) of real property that seller, in essence, provides financing to the buyer, and the buyer repays the loan in installments. Under a land contract, the seller retains title to the property as security
What is a Land Contract Anyway? Read More »
A common misconception about community association annual meetings is that owners may vote to elect board members prior to the annual meeting using an absentee ballot. Absentee ballot voting is not permitted, however, unless expressly authorized by the association’s governing documents. For example, if the association Bylaws (sometimes referred to as the Code of Regulations)
Absentee Ballot Voting Read More »
Kaman & Cusimano, LLC partner Kate Bushey was recently named to Super Lawyers magazine’s 2017 list of Rising Stars. Only 2.5% of attorneys in Ohio receive this distinction, who have shown to demonstrate excellence in their practice. Congratulations Kate!!!
K&C Partner Named Super Lawyer “Rising Star” Read More »
A recent lawsuit was filed against recorders in all 88 Ohio counties to require the removal of racist language from recorded documents. Discriminatory restrictive covenants can found in deeds and governing documents pre-dating the Fair Housing Act of 1968. These restrictions prohibit certain ethnic or religious groups from purchasing property. For example, some community associations
The problems posed by community association residents who hoard are complex and difficult to manage. Boards have to balance the legitimate concerns of residents affected by hoarding, while respecting the rights of residents who hoard, or who are suspected of hoarding. The signs and symptoms of hoarding include foul odors, insects or rodent infestation, dirty
Hoarding and Hoarders Must Be Handled With Care Read More »
