Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal court, arguing that the action related to an arbitration agreement falling under the Federal Arbitration Act (FAA) and the Convention on the […]
Insurance for condominium associations, post-Surfside (LA)
In light of the recent condominium collapse in Surfside, Florida, condominium associations may find themselves questioning whether they are adequately insured for catastrophic casualty events and/or allegations of mismanagement of the condominium. There are several types of insurance that condominium associations are required to have under the Louisiana Condominium Act, and several other types of […]
Law Firm Not a ‘Debt Collector’ Under FDCPA, says Fifth Circuit
A law firm not specializing in debt collection activity is not a “debt collector” under the Fair Debt Collection Practices Act because it was not “regularly” engaged in debt collection, according to the U.S. Court of Appeals for the Fifth Circuit. The case is Reyes v. Steeg Law. Plaintiff Nicole Reyes filed a class action […]
Appeals court upholds constitutionality of lump sum association fee statute (LA)
Homeowners in the Eastover subdivision in New Orleans lost an appeal at the Louisiana Fourth District Circuit Court of Appeal, which found a state statute that facilitated the collection of association dues to be constitutional. In a March 22 ruling, the court sided with the Eastover Neighborhood Improvement and Security District over the objections of […]
With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied (LA)
In Reyes et. al. v. Julia Place Condominiums Homeowners Association, Inc., et. al., No. 12-2043 (E.D.L.A., Oct. 7, 2016), Louisiana District Judge Carl J. Barbier, in denying the plaintiffs’ request for sanctions, stated that the plaintiffs “have failed to produce sufficient evidence proving that [defendant] Parkview had a duty to preserve the ledgers, that Parkview […]
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 […]
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 […]
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, […]