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Alabama Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • Corporate Transparency Act Found Unconstitutional
    In the case titled, The National Small Business United, b/b/a the National Small Business Association, et al v. Janet Yellen, in her official capacity as Secretary of the Treasury, et al., Case No. 5:22-cv-1448-LCB, United States, District Court, Northern District of Alabama, Northeastern Division entered on March 1, 2024, the court found the CTA to be unconstitutional.    Read the article…………………………….
  • How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict (AL)
    How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration award that didn’t resolve all claims against all parties in the trial court was not final enough to be appealed. The Alabama Supreme Court did not agree.      Read the article………………………..
  • Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard
    While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an insurer to do more. In Alabama, a failure of the underlying complaint to allege damages falling within the policy’s terms is not necessarily fatal to coverage – if there are facts provable by admissible evidence to place the loss within coverage.   Read the entire article……………………………….
  • True Teamwork enables Homeowner’s Association to protect delicate waterway (AL)
    Managing two ageing adjacent wastewater treatment plants that are nearing the end of their days…… This can be a tall order at the best of times – but how about when discharge is into one of the most diverse and sensitive waterways in the world – home to more species of fish than any other river of its size in the whole of North America. Some might choose to steer clear of this very sizeable challenge.   Read the article……………………………..
  • Is Your Alabama Condominium In Compliance with the Law? Mandatory Alabama Insurance Requirements
    Condominiums in the state of Alabama are governed by the Alabama Uniform Condominium Act. Section 35-8A-313 of the Act specifically relates to insurance requirements for condominiums. Condominium associations are required to maintain master insurance policies, but individual unit owners are not required to obtain their own insurance policies for their units.    Read the entire article……………………………….
  • Counsel’s Corner: HOA Super-Priority Lien Issue Not as Clear After Court Opinion
    In a nutshell, what clarity did the most recent opinion by the Nevada Supreme Court provide for the pending litigation around HOA super priority liens?   Read the article…………
  • 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” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply questions of “Should Bob steal from Jack?” or “Should Jack lie to his boss?”
  • Real estate agent, builder weigh in on what Homeowners Associations can mean for home buyers
    One of every five Americans lives under homeowners association rules, according to bankrate.com.   Shayne Templet, CEO of Woodland Homes, and Robert Taylor broker/owner of Independence Realty, weigh in on what HOAs provide to homeowners.    Read more………
  • Transition
  • Strategic Planning
    Strategic Planning
  • Reserve Studies/Management
    Reserve Studies/Management
  • Green Communities
    Green Communities
  • Governance
  • Community Security
    Community Security
  • Financial Operations
    Financial Operations
  • Energy Efficiency
    Energy Efficiency
  • Community Harmony & Spirit
    Community Harmony & Spirit
  • The Condominium Form Of Ownership For Physician Practices
    When we hear the word “condominium” or “condo” we typically think of a place to stay while on vacation or an apartment-style home in a densely-populated urban area. However, the condominium form of ownership can be a very useful tool for businesses including individual doctors and physician practices.   Read more……..
  • 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 cultivate  a true sense of community,  promote active homeowner  involvement and create a  culture of informed consensus.
  • The Homeowner’s Association (HOA) Statute in Alabama
    An HOA is an entity that governs activities in a residential area. Most HOAs require residents to pay dues for services they provide, such as landscaping of the subdivision’s streets.    Read more……..
  • Definition of HOA for Purposes of Administering the AL Business Privilege Tax
    (1) For purposes of administering the Alabama business privilege tax law levied by §40-14A-22, Code of Alabama 1975, effective with business privilege taxable years beginning on or after January 1, 2009, and business privilege tax determination periods beginning on or after January 1, 2008:      Read more…….
  • 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 for Community Association Volunteers’ (CCAV) Community Volunteer Leadership Development Program – offered online or by local CAI chapters.    Read more…….
  • Hurricane Season and Expectations of Management
    A professional community manager should provide or facilitate the following checklist of services/actions to guide the board and owners before, during and after hurricane season. The board could 1) authorize the manager to proceed with accomplishing each action item    Read more…….
  • 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 number of your responsibilities. The checklists will apply to virtually any association. To use them, simply modify or delete items as appropriate. http://communityassociations.net/wp-content/uploads/2011/03/so_now_youre_on_the_board.pdf  
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