Association Alert – Community Association Law Blog
AS-IS Clause Does Not Foreclose a Fraud Claim
An AS IS exculpatory clause in a contract does not automatically relieve a party of any liability, especially where that party committed fraud to obtain ...
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Developers/Declarants Breached Contract by Failing to Pave Roads
Facts Plaintiffs are property owners in what were originally three separate planned communities known as Mystic Lands. Defendants are the developer/declarant and its sole shareholder, ...
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Stuck with the Tab: Initiating Suit Over “Common Elements” Without Association Approval can Lead to Unit Owners Covering Unexpected Attorney Fees
IMPRESSION: Unit owners who initiate litigation over common elements do not necessarily recoup attorney fees from the association—even when their lawsuit is successful, and benefits ...
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Insurance is NOT all the Same-Another Case Proving Why You Need an Insurance Committee
Facts: The facts in the case of Forrest v. The Ville St. John Owners’ Association, Inc., No. 2018-CA-0175 (La. Ct. App. Nov. 7, 2018) are ...
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Conflicts of Interest and The Boards Power to Interpret the Governing Documents
What you need to know: Where the governing documents or the statute place the authority to interpret the governing documents with the board, the board’s ...
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Are Grievance Committees Impartial Enough?
Master v. Country Club of Landfall, — S.E.2d — (2018) Issue Does due process require a hearing before an impartial tribunal (Board)? NO!!! The Facts ...
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GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE
Facts In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association. ...
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