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COA orders couple to pay fees to lot owner’s association

The Indiana Court of Appeals has ordered a couple to pay a Bartholomew County lot owner’s association $6,000 in assessment fees despite the couple’s claim that they are not members of the association.  In the case of Marvin Hamilton and

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Liquidated damages provisions: enforceable or a penalty? (IN)

Liquidated damages provisions are common in real estate and construction contracts. When litigating the enforceability of liquidated damages provisions, the issue is almost always whether the provision is in reality an unenforceable penalty.   Read the article………..

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Indiana Tax Court rejects property tax exemption for Homeowners’ Association that failed to show it was organized to retain and preserve lake property

A Hoosier Homeowners’ Association was denied a property tax exemption because it failed to show that it was established for the purpose of retaining and preserving its land and water for their natural characteristics.      Read more……….

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CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing”

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CAI’s Guide to FHA Certification

The U.S. Department of Housing and Urban Development (HUD) Federal Housing Administration (FHA) plays a major in role in housing finance through its Condominium Mortgage Insurance Program. FHA issued regulatory guidance to set standards condominium associations must meet for a

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Preserve Your Reserves

Seventy percent of homeowner associations are underfunded, and homeowners will feel the pinch. Anyone who lives in a townhouse or a condominium relies upon a homeowner association (HOA) to manage and maintain the building and common areas. Unfortunately for homeowners,

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Indiana Condominium Association Liens, Part II: Deeds In Lieu Of Foreclosure

Whereas last week’s post introduced condominium association (“CA”) liens and their priority in title under Indiana law, this week’s post addresses CA liens in connection with a deed-in-lieu of foreclosure (“DIL”). A DIL can be a relatively simple and positive

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Indiana Condominium Association Liens, Part I: Foreclosure

I’ve previously written about the priority of homeowner’s association (“HOA”) liens. Today’s post relates to similar, but not identical, liens arising out of unpaid condominium association (“CA”) fees/assessments. Like HOAs, CAs also can foreclose their liens. Because a lender/mortgagee may,

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From Good to Great: Principles for Community Association Success

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also

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Indiana Civil Rights Commission issues probable cause finding

This case, filed on Jan. 24, involves a complex consisting of four condominiums. The Lazos own three of the condos while the charging party owns and currently lives in the fourth. Mr. Lazo serves as the condominium association president while

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Covered Bridge battle reaches end

The years-long battle by residents of Covered Bridge subdivision to form a town and block annexation by Sellersburg has finally hit a dead end.  Read more…..

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Indiana: Laws may toughen on HOA leaders

A story in last Sunday’s Courier & Press detailed controversy in the Stonecreek subdivision’s homeowners association in northern Vanderburgh County. The story showed how homeowners associations are governing activity in all kinds of local subdivisions and how one person —

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A Tale of Two Associations

It’s your castle — your house, your yard, your garden. But if you choose to live in a subdivision governed by a homeowners association, you’re not always the king. In fact, you might be too much a king’s subject for

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Indiana AG files lawsuit against three board members of The Harbours

“Today’s lawsuit is the first of its kind under a new state law allowing the Attorney General’s Office to regulate homeowner associations,” said Gabrielle Owens, director of the Homeowner Protection Unit and Licensing Enforcement Unit of the Indiana Attorney General’s

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Ruling opens door for Sellersburg to annex Covered Bridge

The Indiana Court of Appeals has upheld Clark Superior Court’s 2010 decision that voided the incorporation of Covered Bridge as a town. The appeals court also upheld the lower court’s dismissal of a petition signed by more than 600 residents of

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Introduction to Community Association Living

Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center

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Governance Guidelines

There are basic expectations that apply to virtually any common-interest community. With this in mind, the Center for Community Association Volunteers developed the Community Association Governance Guidelines – 12 principles that can help association board members increase harmony, reduce conflict

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Rights & Responsibilities for Better Communities

More than a destination at the end of the day, a community is a place people want to call home and where they feel at home. This goal is best achieved when homeowners, non-owner residents and association leaders recognize and

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Community Association Fundamentals

Each common-interest community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. CAI developed the Community Association Fundamentals to foster a better conceptual understanding of how associations function and the roles of

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Model Code of Ethics for Community Association Board Members

This model code of ethics is not meant to address every potential ethical dilemma encountered by a community association board member, but is offered as a basic framework that can be modified and adopted by any common-interest community.    Read

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So Now You’re On the Board

The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant

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