Association Alert – Community Association Law Blog
Another Helpful Emotional Support Animal Case
Facts Plaintiff, Cohen (“Tenant”) and Defendant, Clark (another tenant, “Clark”) leased separate apartments in the same building on the same day, July 21, 2006. Both ...
Read More →
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 ...
Read More →
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 ...
Read More →
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 ...
Read More →
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 ...
Read More →
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. ...
Read More →
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 ...
Read More →
