Association Alert – Community Association Law Blog

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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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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Condo Association & HOA Documents in Less Than 1 Minute

You have moved into an association or just got elected to the Board of your association and you are wondering – now what?  The answer ...
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Association Can Assign Enforcement Authority to a Manager

Facts Seaside is an 80-acre development in Florida.  In the 1980’s the developer recorded declarations for nine separate neighborhood associations.  The language in each of ...
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Tackling Mental Health and Aging Issues in Your Community Association

Mental health issues can impact community associations in a myriad of ways.  Often Associations become the “reluctant care provider” (owners have no family/next of kin, ...
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Owners Pay High Price of Litigation Against Association

Summary Even where homeowners characterize their claims against an Association as civil rights violations, the claims involved in the parties’ rights under the declaration, and ...
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Combating First Mortgages

First mortgage holders continue to be the largest impediment to Association collections, once unit owners fail to pay. This arises because the bank’s lien is ...
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