Although there are numerous factors a board of directors of a community association should consider before filing a lawsuit, one of the biggest factors is whether or not the association can recover its attorneys’ fees and costs. The standard rule is that absent a statutory or contractual provision providing for otherwise, the “American Rule” is […]
Litigation director rebuked for misleading claims in HOA
After a protracted 67-day bench trial, a Santa Clara County judge awarded $1.8 million to homeowner plaintiffs, citing extensive false statements made by the defense attorney, Stephan A. Barber, in a case involving water damage and mold at a condominium. Read the article…………………………….
Rare But Real: The Facts About HOA Bankruptcy
A community association is a business, plain and simple. That means the motivation behind monthly dues is straightforward: keep the business operational. It also means that if it becomes insolvent, an HOA can be forced to declare bankruptcy. But can an HOA declare bankruptcy? What happens in an HOA bankruptcy? And how can your association […]
Working with Your Community Association’s Professional Team: Management, Insurance Agent, Legal Counsel, and More
Effective collaboration and communication with your professional team is vital for the smooth administration of a condominium, homeowner (HOA), or townhome community association. From day-to-day management to long-term strategic planning, board members must work with a variety of professionals to maintain the community’s property, finances, and legal compliance. Read the article…………………………….
7 common reasons why HOAs get sued
Lawsuits are expensive, time-consuming and stressful. For these and other reasons, people should only seek help from a judge as a last resort. But, as most HOAs have experienced firsthand, some problems cannot be resolved independently. When an owner sues their homeowners association, boards should remain calm, work with their manager, and take proactive steps […]
When Experts Chime In: Can HOAs Afford to Tune Them Out?
An HOA receives an engineer’s report warning that a retaining wall on the property is on the brink of failure. The board, focused on other issues and keeping dues low, decides to put the report on the back burner. After all, the wall looks fine from a distance, right? Fast forward a few months, and […]
Do I Have a Good HOA Case? (GA)
Many homeowners who contact our firm have expectations or assumptions that are inconsistent with how we assist with HOA concerns. For instance, a common perspective is “I just want to know if I have a case,” and this is often coupled with the desire for a quick response before entering into a fee agreement with […]
The Consequences of Failing to Follow Proper Procedure: Protecting Your Right to Tell Your Story
In a lawsuit, evidence is not just a collection of facts—it is the way each party tells their story. Whether you are the plaintiff or defendant, the evidence you present helps shape the narrative of your case, demonstrating the truth of your position to the judge or jury. However, failure to comply with court rules […]
Responding to Litigation: Be Discreet, Be Professional, Be Timely
There’s an old joke about business partners on the outs. The punchline is something like, “my lawyer is bigger than your lawyer!” Punchlines aside, though, who can you sue, when, and for what? In our litigious society, the short answer is nearly anybody, pretty much anytime, and for just about anything, depending on your resources. […]
The Role of Community Association Law in Managing Your Condo or HOA
In Florida, community associations such as condominium associations and homeowners associations play a vital role in managing shared living communities. Understanding community association law is crucial for both board members and residents to ensure smooth governance and compliance. Read the article…………………………….
Guarding Against the Unauthorized Practice of Law
The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between […]
Disclosing Legal Information to Homeowners
An HOA board member should never disclose an open legal case with another resident for several important reasons: 1. Confidentiality and Privacy: Legal cases often involve sensitive personal information. Disclosing details about an ongoing legal matter can violate the privacy rights of the individuals involved and breach confidentiality agreements, leading to potential legal consequences for […]
The Attorney-Client Privilege: What Associations Should Know (CO)
Regardless of the type, size, or location of a community, associations face legal issues that require them to seek legal advice. When an association reaches out to its attorney for advice, the information provided, and the actual communication providing such information, is considered attorney-client privileged. The attorney-client privilege is a common law doctrine, going back […]
HOA Homefront: 14 things I wish all HOA attorneys knew
This is the final installment in a five-part series on HOA roles. Today’s column is about HOA attorneys. 1. Being an HOA attorney is not simply a job. Being trusted to guide communities is an honor and a sacred obligation. Read the article…………………………….
How to Challenge HOA Fees or Fines: Insights from an Experienced HOA Lawyer
As a homeowner in a homeowner association (HOA), you may receive a notice of a fine or fee for a violation of the rules or regulations. While these fees and fines can serve as a deterrent to rule-breaking, they can also be disputed if you believe they are unjustified. Further, it is not uncommon for […]
The Ethics of the Fiduciary Duty from the Litigators’ Lens
The topic of an association’s board of directors’ fiduciary duties is not new to this publication. However, as trial attorneys that have seen a lot of HOA litigation, including representing community management companies, we have seen how this duty plays out in court cases for both board members and community managers. Moreover, as our industry […]
Settlement Agreements Binding Without Signature (FL)
The ultimate test of a binding settlement agreement is whether the parties to the agreement have a “meeting of the minds,” which is a mutual understanding of the essential terms of the agreement. At least one court in Florida has now ruled emails between attorneys can constitute an enforceable settlement agreement if the parties’ counsel […]
The Importance of Professional HOA Contracts (GA)
Community associations cannot accomplish all the tasks they are responsible for without getting outside professionals to help maintain and service their assets. With every agreement to provide a service or to supply materials comes HOA contracts. Read the article…………………………….
Why might a resident take your HOA to court? (CT)
Running a homeowners association (HOA) can be incredibly challenging at times. Residents won’t always agree with everything you do, despite you doing them to protect the interests of the HOA and the residents in general. Dealing with a legal challenge from one or more residents can be frustrating, time-consuming and costly for an HOA. Understanding […]
Unlocking Success: Using Legal Representation Over Collection Agencies for Delinquent Condominium Assessments
Community associations in Michigan play a crucial role in maintaining the integrity and functionality of shared living spaces. However, when faced with delinquent condominium assessments, these associations often encounter significant challenges in recovering the owed amounts. While some may consider turning to collection agencies as a solution, there are compelling reasons why community associations should […]
Ohio Panel Disqualification Reversal
In a dramatic twist echoing the thrill of a courtroom drama, an Ohio appellate court has unleashed a pivotal decision in a high-stakes legal skirmish between a homeowners association and a management company. The court, with a gavel of justice, struck down a lower court’s move to disqualify a defense attorney, a decision reverberating through […]
Common reasons residents may sue an HOA (CT)
Being on a Homeowners’ Association (HOA) board can sometimes feel thankless. Never more so than when you face a lawsuit from one of the residents for whose benefit you are trying to manage the place. Read the article…………………………………….
Litigation in Your Community – Lawsuits Can Have Long-Term Impacts
When seeking a place to call home, potential co-op and condo buyers are seeking a place of peace and quiet. No one wants to live in the midst of a tempest. And peace and quiet can be both literal and figurative, of course. The constant din of discord and disagreement caused by endless litigation, for […]
What to do if the Association is Sued
One of the most frustrating issues a community association board of directors has to deal with is what to do if the association, the board, or an individual director is sued. It is the duty of the board to act in the best interests of the association and make decisions that are consistent with the […]
Mastering Condo Maintenance: Why Legal Guidance Is Key For Crafting A Responsibility Matrix
A responsibility matrix is a summary of association and co-owner responsibilities for maintenance, repair, and replacement of the condominium common elements and units. Because condominium master deeds, even when clearly drafted, can be complicated and often challenging to interpret, a responsibility matrix that is properly and accurately prepared can be a helpful guide for management, […]
5 Common Scenarios Where You Need a Condo Property Damage Lawyer
Accidents, disasters, and other unforeseen events can cause extensive damage to one’s condo unit. In these situations, you must know your legal rights as a property owner to ensure you receive fair compensation for the damage inflicted on your home. Read the article………………………..
Attorneys — Fees — Condominium association (MI)
Where a plaintiff condominium association was awarded only $1,606 in counsel fees, a remand is necessary because the trial court abused its discretion by failing to follow settled precedent in computing the “reasonable” counsel fees and costs recoverable by the plaintiff. Read the article………………………..
SHHHHHHHHH . . . IT’S ATTORNEY-CLIENT PRIVILEGED
The attorney-client privilege is not typically at the forefront of peoples’ minds when communicating with counsel, but it really should be. An accidental waiver of the privilege can lead clients to compromising positions, expose them to liability, and place them at legal disadvantage with respect to the particular legal matter. Read the article………………………..
HOA Homefront: New Year’s resolutions for HOA service providers (CA)
This is the fourth and final installment of a series on resolutions for HOA members, which previously addressed directors, homeowners and managers. Read the article………………………..
The High Cost of Terrible Service at your HOA or Condo
Have you ever been disappointed with the quality or service of something you have paid for? You aren’t likely to spend your money on that item again. Whether it was poor quality or poor service that caused your disappointment really doesn’t matter. The same is true for your Homeowners Association or condominium. Read the article………………………..
HOA Homefront – Reader Questions – Who Contacts the Attorney? (CA)
Q: Several years ago the board asked for an explanation regarding our Declaration. The board wanted to know its authority regarding certain issues within the development. The association’s attorney did an analysis of our CC&Rs and issued an answer. Since this analysis and resulting letter is of a general nature regarding our association, is it […]
Why a board attorney can’t answer unit owners’ questions (IL)
Q. The association’s attorney attended a board meeting that was open to the owners. One of the purposes of the meeting was to adopt a special assessment. Owners raised questions and asked the association’s attorney to respond to many of the questions. The attorney would not respond to the owner’s questions. Read the Q&A……………………………….
HOA Homefront: Who does the HOA attorney represent?
Q: Does the HOA attorney represent the board or the HOA? If there is a conflict in different CC&Rs sections regarding HOA or homeowner’s responsibility to maintain an item and the HOA attorney is consulted who is their client? Read the Q&A……………………………….
Don’t Let Vendor Standard Contract Terms Hurt You; You Have Negotiating Power!
You’re a busy practice; you’re presented with a vendor’s standard contract with standard terms and conditions to sign for services to your practice software that submits your insurance claims. Who has time to read all of that information, especially the small, 8-font type?! You sign the vendor’s contract. Read the article………………………..
The Impact of Litigation in Condos, Co-ops, & HOAs: Do Lawsuits Damage a Community?
Americans are a particularly litigious lot, believing as many of us do that we are endowed with the inalienable right to life, liberty…and the pursuit of recompense for any slight or wrong done to us, real or perceived. This tendency is unfortunately common in the nation’s condos, co-ops, and HOAs, where the ideals of communal […]
Homeowner Associations: $456,330 Fee Award Against Homeowner, Split Between Two HOA Attorneys, Was Affirmed On Appeal (CA)
If you visit our “Homeowner Associations” category, you can see a vast array of awards both in favor of homeowners and in favor of homeowner associations (HOAs). We will just say this, the trial court decisions on who gets fees are affirmed on appeal in a majority of situations, Read the entire article……………………………….
Condo questions: To avoid possible issues board’s should have counsel review contracts (FL)
Q: I participated in the “How to Run a Board Meeting Effectively” seminar several weeks ago, that you put on and I had a quick question. A statement was made that any time there is a quorum of the board, that the formalities of a board meeting must be adhered too. Read the Q&A……………………………….
Hiring an HOA Attorney
HOAs are governed by an elected board of directors who are responsible for enforcing rules and managing the development. Associations may also hire a property manager to help with day-to-day operations and owner relations. However, there will come a time when the HOA encounters a complex problem that requires the help of an attorney to […]
Unknowns of Litigation Could Outweigh the Possible Rewards (NY)
When my co-op and condo board clients decide to start a lawsuit against one of their tenant-shareholders or unit-owners, they want to know what the litigation will be like. Will they win? How long will it take? How much will it cost? The answers to those questions are rarely satisfying because litigation can be uncertain, […]
Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected? (FL)
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral […]
Association Management and the Attorney Client Privilege (CA)
Attorneys who practice community association law are often asked whether a community manager is covered by the attorney-client privilege. In general, the attorney-client privilege shields communications intended to be confidential between an association and its attorney. Materials prepared by an attorney and that reflect the attorney’s thoughts, conclusions or opinions (attorney work product) may also […]
Superior Court Decision Confirms Attorney-Client Privilege Extends to Communications Including a Condominium Board’s Property Manager (MA)
On January 21, the Superior Court issued a noteworthy decision providing that the attorney-client privilege protects communications with property managers – as “necessary agents” of the board – in connection with litigation involving the condominium. Furthermore, the Court ruled that communications with the Board’s engineering expert – which included the property manager – were not […]
Lawyer Up
Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and call the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny. Read the entire article……………………………….
You received a subpoena for deposition, now what? (FL)
A community association is required to keep and maintain certain records for the association. As a result, associations are faced with being ordered to turn over records in all types of lawsuits. What do you do if you are served with a subpoena will depend on the type of subpoena. Read the entire article……………………………….
HOA Attorney Contract: What’s Acceptable And Not
When a homeowners association hires an attorney — or any vendor, for that matter — it should always formalize the agreement through a written contract. A contract establishes the working relationship between two parties as well as serves as a form of protection and point of reference in case of any disputes. While the specifics […]
Reacting to tragedy: Condo association attorneys prepare for changes that could be coming in wake of tragic Florida collapse (NJ)
When you’re an attorney who represents condominium associations, you don’t usually have the media knocking on your door. It’s a niche corner of the legal profession that’s generally quiet; it takes a major event to disturb that. …Something like a tragic condo collapse that has killed at least 97 people might do it. Read […]
Is Your Association Getting Sued? (CO)
We all hope to avoid conflict and to resolve disputes informally before they go to court. That is why associations are required to have written dispute resolution policies. But sometimes, a lawsuit is unavoidable. If you are a manager or board member for an association that has been sued, there are a number of important […]
Understanding The Duties Of Condo/HOA Lawyer
“Our HOA uses dues to pay for the retention of a lawyer. If there’s a dispute with a homeowner, the board uses that lawyer to fight ‘on the board’s side’ against the homeowner. Doesn’t the lawyer represent the members? Isn’t it their role to help settle disputes without taking sides?” Here, we find out how […]
Attorney represents board (IL)
Q: I am a unit owner in a condominium association. I sent the association’s lawyer a request for an opinion on an issue concerning the association. The attorney responded that she is unable to respond to owner inquiries, and that I should submit my issue to the board. As a member of the association, doesn’t […]
Lawsuits: What to do if an owner sues the association
Lawsuits can be costly, and they create a great deal of friction between a homeowner and the HOA board. Fortunately, few lawsuits filed against an HOA actually make it in front of a judge. This article will cover why an HOA might get sued, and what you can do if your association is hit with […]