Association Alert – Community Association Law Blog

Think You Will Get Your Attorneys’ Fees Paid in a Successful Collection Action? That May Depend on Your Attorney…

The Condominium Statutes are written such that associations can collect their actual attorneys’ fees if they proceed in a lien enforcement action for unpaid assessments. ...
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Class Action Status Granted to Association Homeowners Alleging FDCPA Violations

Facts Plaintiffs live in Ashbrooke Property Owners Association (“Association”) and missed their annual assessment payments of $115 for three straight years.  The Association hired Defendant, ...
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Education, Education, Education – Overcoming Harassment, Racism and Hostility in Community Associations

Let’s face it, 2020 was rough and not everyone was nice about it.  Hate crimes have increased dramatically over the last six years.  Heightened political ...
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Marijuana Use in Associations – “Hey Man, It’s Medically Necessary”

If your Association is not facing this today, chances are, it will tomorrow. The law is trending across the country to allow more and more people ...
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Association NOT Liable for Loans Made By Developer Related Entity

Facts David Bagwell was the developer of three homeowners’ associations (HOAs).  David and his wife Susan (the Bagwells), acted as directors of each of the ...
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Does Your Association Need a Fine Schedule and Late Fee Policy? Yes!

A Court in Arizona recently provided one more reason for your association to have a fine schedule and late fee policy (Turtle Rock III Homeowners’ ...
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Commercial Units in Mixed-Use Condominium Not Responsible for Residential Unit Costs

Harrison v. Casa de Emdeko, Incorporated, No. SCWC-15-0000744 (Haw. Apr. 26, 2018) Holding The Supreme Court of Hawaii held that, under the Hawaii Condominium Property ...
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