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Defending Unit Owner Lawsuits in Community Associations: A Step by Step Process (IL)

While being named as a defendant in a lawsuit is never ideal, community associations have a number of defense tactics available to prepare for the possibility of litigation. These defense measures may enable an association to avoid costly litigation and

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Santa Monica attorney to be reproved for unauthorized practice of law in Arizona

Santa Monica attorney Cynthia Ann Futter has been recommended for private reproval with public disclosure by the California State Bar following her 2015 discipline before the Arizona State Bar for unauthorized practice of law in that state, according to a

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2018 Maryland Legislative Hot Topics

2018 marks the last Maryland legislative session before statewide elections in November. With the entire General Assembly and Governor up for election, the legislature is expected to focus on many bills previously considered but not enacted.  For community associations, the

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What’s The Plural Of Condominium?

Wednesday’s post was entitled “Condominiums And The California Corporate Securities Law“. Today’s post concerns whether I used the proper plural form of “condominium”.  “Condominium” is derived from the Latin words, cum and dominium. Cum means with or together and dominium

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Community Associations Fighting Back Against ‘Zombie’ Homes (FL)

Zombies are fictional undead beings created from the reanimation of a human corpse popular in movies and on television. Unfortunately, many community associations are now finding themselves dealing with “zombie” homes. A zombie home is created by a lender which

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Defending Unit Owner Lawsuits in Community Associations: A Step by Step Process

While being named as a defendant in a lawsuit is never ideal, community associations have a number of defense tactics available to prepare for the possibility of litigation. These defense measures may enable an association to avoid costly litigation and

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And Your Association Thought Foreclosure Was Bad? The Consequences of Tax Sales & Tax Deeds For Community Associations (FL)

It is a scenario familiar to every association: an owner falls behind on his or her assessments and doesn’t get current, and the association initiates the lien recordation and foreclosure process. However, before the association can foreclose its lien and

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Michigan Court of Appeals rules that modular home violates restrictive covenants

In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated home violated the restrictive covenants in the Timber Ridge

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Short Term Rentals Coming Soon to Montgomery County, Maryland

Short term rentals will soon be allowed in all residential areas of Montgomery County, Maryland. A home rented on a daily or weekly basis is often referred to as an AirBnb–which is the dominant online booking web site for short

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Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting

The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is

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Emotional Support Animal scams – good news from the Eastern District of Texas

The October 17, 2017 decision by Judge Amos Mazzant of the Eastern District of Texas in Houston v. DTN Operating Company et al., 2017 WL 4653246 (E.D.Tex 2017) is good news for landlords confronted by bogus internet diagnoses of disability.

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Is your Resale Certificate up-to-date? (VA)

If there is one thing we seem to be able to count on from the Virginia General Assembly, its frequent amendments to the statutes regarding association resale certificates and 2017 was no exception.  Under the “News You Can Use” section

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New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known

Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., No.

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Condo board’s crusade against Savanna principals struck down by state’s top court (NY)

New York State’s highest court shot down a Williamsburg condominium board’s effort to directly sue the principals of Savanna Real Estate, in a move that further enforces the protections created by limited liability companies.   Read the article…………….

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Unit Fire Increases Association Insurance Premiums

What happens when a fire caused within a condominium unit destroys that unit, some common area, and damages other units? It becomes an expensive situation for the association. Even though insurance should pay for all of the damages, the association’s

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Insurance Carriers Exclude Color Matching Requirements from Policies

The summer of 2017 saw a number of severe storms in the Midwest, with resulting insurance claims. As policyholders have made those claims, some have been surprised to see new provisions in their insurance contracts.  Things are not always black

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The Limits Of Exclusive Use Rights In Condominium Common Areas (MA)

It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units. This device allows the developer to offer a degree of privacy in decks, driveways, garages, attics, and similar

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Court Confirms Condo Board Member’s ‘Unfettered’ Rights to Access Books, Records (NY)

As litigants and lawyers have discovered the efficacy of enforcing statutory and common-law books-and-records access rights through summary proceedings, this trend has spread not only to the residential cooperative corporation context but also to an even more popular form of

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Resolving Condominium Construction Defect Claims in Wash. DC

Newly constructed and newly converted condominiums in Washington DC (District of Columbia) often contain concealed or “latent” construction defects. Left undetected and unrepaired, defects in the construction of a condominium can cause extensive damage over time, requiring associations to assess

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Santander Condominium Association, Inc. v. AA Construction 1 Corp., N.J. Super. App. Div.

Respondent hired nonparty to repair the façade of a condominium building on its property; the non-party subsequently entered into a subcontract with appellant to perform the work. Upon termination of the contract, appellant sought a demand for the unpaid balance

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Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in particular for a restrictive covenant imposing a rental cap

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Insurance Carriers Exclude Color Matching Requirements from Policies

The summer of 2017 saw a number of severe storms in the Midwest, with resulting insurance claims. As policyholders have made those claims, some have been surprised to see new provisions in their insurance contracts.  Things are not always black

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In Case You Missed It: What You Should Know About the Radburn Bill (Webinar Video) (NJ)

On August 22, 2017 and September 13, 2017, Hill Wallack‘s Ronald L. Perl, Esq., Caroline Record, Esq. and Jonathan H. Katz, Esq., in conjunction with Wilkin & Guttenplan, P.C., presented two webinars dealing with what you and your community association

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Polk circuit judge OKs portion of Poinciana homeowners’ lawsuit against HOA (FL)

After nearly two years of effort, a lawsuit filed by three homeowners against one of the state’s largest homeowners associations is finally moving forward.  Polk County Circuit Judge Larry Helms ruled two counts alleging breach of contract can proceed to

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Unit owners can’t use records for solicitations (IL)

Q. I recently read about a change in Section 19 of the Condominium Property Act concerning books and records of an association. I understand owners will no longer have to state a “proper purpose” to examine and inspect certain books

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The Critical Importance Of Properly Serving A Construction Lien Claim (NJ)

So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the

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Electronic Signatures Can Now Be Used to Amend Restrictive Covenants (MI)

The legislative history of MCL 450.835a demonstrates that Michigan House Bill 5591 (2016) was originally introduced to deal with an extremely large Michigan Homeowners Association that was having difficultly amending its documents. The Lakes of North Association in Northern Michigan

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AB 634 Signed! Reduced HOA Control of Solar Energy System Installations (CA)

The Governor has signed AB 634 into law changing HOA control over solar energy system (“Solar”) installations. HOAs may no longer adopt policies and guidelines that prohibit Solar installations on common area roofs protecting HOA property and homes from damage

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Ham Radio Legislative Activity In The U.S. Senate

Last week, The U.S. Senate Commerce Committee was scheduled to mark-up S 1534 The Amateur Radio Parity Act (a.k.a. HAM radio legislation) when it was withdrawn from the docket. Florida Senator Bill Nelson and Hawaii Senator Brian Schatz cosponsored and

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Can Your Community Association Stop Bullying and Harassment in Their Tracks? (FL)

Bullying in any form cannot be condoned either in schools, workplaces or communities. While a newly filed bill by Rep. Emily Slosberg (HB 123) has the laudable goal of protecting Florida’s senior citizens from being bullied, just how feasible is

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We’ve Got a Problem: Statute of Limitations on Long-Term Notes (FL)

A Florida Supreme Court justice Thursday issued a nearly five-page opinion to point out “the latest symptom of a more serious problem”—a misunderstanding over when the clock starts in foreclosure litigation with multiple defaults and suits.  The confusion centers on

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Condo Board Slams Door on Verizon

In a case that could significantly expand the powers of condo boards, 54 multiple-dwelling properties in New York City refused to grant access to Verizon fiber-optic cable installers. The 63-unit Beekman Regent Condominium, in Manhattan’s Turtle Bay neighborhood, was among

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Court rules Privé’s sidewalk, built through homeowners’ properties, is illegal (FL)

A judge has deemed Privé at Island Estates’ sidewalk, built through homeowners’ properties, is illegal, as the years-long war between the condo developers and their Aventura neighbors wages on.  Several nearby homeowners and the Island Estate Homeowners Association had filed

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Two Harlem condo boards are suing L&M Development (NY)

Two Harlem condominium boards are suing L&M Development Partners over defects and damage in their buildings, court records show. The suits are part of a larger pattern of litigation that typically crests around six years after co-ops or condos are

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Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid (FL)

In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29. The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure. In the recent past this created a lot of confusion

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New Florida HOA Laws: Board Member Term Limits

Among the major changes to Florida’s condominium laws in 2017 is a new provision mandating term limits for board members. The new legislation marks a significant departure from the past policies for most associations pertaining to the tenures of their

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A Rude Awakening: Your Board May Not Have the Right to Screen Leases and Sales at All! (FL)

Even in the frenzy of post-Irma repairs, ordinary life continues and for most volunteer boards and professional managers that means screening applicants who wish to lease or purchase in their communities.  However, purchase and rental screening has become such a

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Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption (FL)

The legislature recently amended Chapter 718 of the Florida Statues, relating to condominiums, to create a rebuttable presumption that a conflict of interest exist in certain situations.[1] A conflict of interest is a real or seeming incompatibility between one’s private

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Summary of new laws affecting associations- Part 3 of 3 (IL)

This is the final installment in a three-part series.  On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Common Interest Community Association Act and the Illinois Condominium

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Political Rallies in the Clubhouse? SB 407 is Now Law (CA)

SB 407 is somewhat mind-boggling, both in terms of what it requires of associations and the breadth of governmental intrusion into private property principles. The full text of the law is available on California’s Legislative Information website.  Read the article……………..

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Florida Bar clears Poinciana attorney of complaint filed by arbitrator

Tom Slaten, an attorney who represents the Association of Poinciana Villages, has been cleared by the Florida Bar of a complaint lodged by a state arbitrator.  The August complaint was by Terri Leigh Jones, an arbitrator for the Department of

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New Maryland Laws Governing Condominiums and HOAs

Beginning on October 1, 2017, several new laws will go into effect in Maryland governing condominiums and homeowners associations (“HOA”). With so much of new residential real estate being developed as part of an HOA or a condominium regime, these

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Attorneys present oral arguments in Garner lawsuit (AR)

Attorneys presented oral arguments before the Arkansas Court of Appeals Wednesday in a long-running lawsuit against Hot Springs Village Property Owners’ Association board of directors and the POA.  Representing appellants Gene Garner and Lynda Narug, attorney Phillip Montgomery of Hot

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New Board Member Term Limits Law has Significant Impact for Florida Condo Associations

Among the major changes to Florida’s condominium laws in 2017 is a new provision mandating term limits for board members. The new legislation marks a significant departure from the past policies for most associations pertaining to the tenures of their

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Nevada Supreme Court Rules HOA Super-Priority Liens Can Be Revived after Release

Homeowners’ associations have a more robust tool for forcing mortgage lenders to pay delinquent assessments following a September 14 decision by the Nevada Supreme Court. Nevada HOAs have enjoyed a super-priority lien under NRS 116.3116 for nine months of unpaid

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New law affects how associations run (IL)

This is part 1 of a 3-part series on a new law affecting associations.  On Aug. 24, Gov. Bruce Rauner signed HB0189, and it is now known as Public Act 100-0292. The law amends both the Illinois Common Interest Community

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More new laws that affect local HOAs (NV)

This is the second column in a three-part series about the recent state laws that will affect Southern Nevada homeowners associations.  These laws were passed during the 2017 legislative session and will have an impact on our HOAs.     Read

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Wisconsin appellate court denies insurance coverage to a contractor because work was performed on a building that had synthetic stucco

A slew of lawsuits has plagued the construction industry regarding the use of exterior insulation and finish systems, also known as EIFS or synthetic stucco. Insurance companies were historically required to pay money towards those claims under standard commercial general

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Triumver 600 Naples Court Condominium Association, others accused of defamation (IL)

Two people are suing Triumver 600 Naples Court Condominium Association, Jason Neuberger, Margaret Hock, Thomas Byrne, Michelle Rose, Tracy Hoban and Juele Blankenburg for alleged breach of duty and defamation.  Matthew Thai and Tuyetha Dinh filed a complaint on Aug.

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Colorado Supreme Court Hears Oral Arguments in Case That Could Pose Threat to Metropolitan Districts

On September 20, 2017, the Colorado Supreme Court heard oral arguments in UMB Bank v. Landmark Towers Association, 2016SC455. The case was brought by the homeowner’s association of a condominium development regarding a TABOR election that took place several years

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