Association Alert – Community Association Law Blog
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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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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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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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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Former Association Member Can’t Sue for Breach of Fiduciary Duty
Facts In 2014, Kato purchased a unit at an association, thereby becoming a member of the association. Kato also joined the board and became its ...
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Statute of Limitations Prohibits Association from Bringing Action to Reform Declaration
Hogg v. Villages of Bloomingdale I Homeowners Association, Inc., 357 So.3d 1271 (2023) Lessons learned:
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