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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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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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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Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines
Please join the Condominium & HOA Law Team on February 5, 2021, as we outline the NEW 2020 Robert’s Rules, how parliamentary procedure should be ...
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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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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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