Association Alert – Community Association Law Blog

How is the Business Judgment Rule Applied to Board Actions?

The Business Judgment Rule can be a great protection for condo and HOA boards—but only if the board is following the documents. Facts.  The Declaration ...
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Dan Miske Shares Expertise With Readers of HOAleader.com

Attorney Daniel Miske recently shared his expertise on a variety of topics with readers of www.HOAleader.com, a resource for HOA and condo board members nationwide.  ...
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FDCPA – Fair Debt – The Latest Case Actually Benefits Creditors

For years the FDCPA (Fair Debt Collection Practices Act) has been used as a sword by debtors and debtors attorneys as a means of exacting ...
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Excessive Fines Cause Courts to Find Liability – A Lesson in Fair Debt Collection Practices

Summary If your Association excessively fines an owner, expect a court to find a way to penalize the association. The Facts In 2004 Mr. and ...
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Know What is in Your Documents—The Board Might Not Have the Authority You Think it Does…

The Board of Directors always has the power to make and amend Rules and Regulations on its own, without owner approval…right? Wrong.  The Board’s rule-making ...
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What to do With Bank and Other Third-Party Foreclosures

When a foreclosure is first initiated by a bank or some other third-party, the association has three choices: Do nothing and hope that the foreclosure ...
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HOAs Unite! Developer’s Easement Rights are Not Never-Ending

Developers of condominium communities and HOAs often reserve access easement rights within the Declaration/Deed Restrictions for the subdivision, especially when the Developer owns yet-undeveloped neighboring ...
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