Association Alert – Community Association Law Blog

Architectural Control Committee – Why It’s Needed!!!

Problem What do you do if you want a detached garage but your documents don’t allow it? Facts Plaintiffs sought to enjoin the construction of ...
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Defamation Claims by Directors and Officers Against Members – What you Need to Know

Need to Know:
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Expiration of Developer Rights – What Happens to the Land where Units were Not Constructed

Facts Developer subjected property to the condominium act in Massachusetts in 2008.  By the terms of the deed, it included all the “land and improvements ...
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Banning Short-Term Rentals

A Court in Louisiana recently tackled the issue of short-term rentals (New Jax Condominium Association, Inc. v. Vanderbilt New Orleans, LLC, 219 So.3d 471). A ...
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Vacant Land Units Can Have a 0% Percentage Interest

Summary The language and definitions in your governing documents reflect the intentions of the Association.  You need to either follow them or amend them, but ...
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Association Construction Contracts – What are Risks of that Waiver of Subrogation Term

Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company ...
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Developers/Declarants are Liable for Implied Warranties to Association for Construction Defects

Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the ...
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