Condominiums, cooperatives, and homeowners associations are often referred to as “community associations.” This is with good reason; the associations usually govern a neighborhood of friends and people who regularly interact with one another in a social setting. For that reason, their governing boards of directors can often fall into the trap of operating in an […]
How to Protect Your Community Association from a Lawsuit
Facing litigation from an HOA member is something all board of directors must take seriously. From pet issues to issues involving discrimination, knowing how to handle the situation is best left to a qualified attorney and a professional community association management team. Navigating real estate and other types of associated laws is something most volunteer […]
Passing the torch: Why succession planning is essential for community association professionals
Do you know what happens to your company once you’re no longer able to work? Have you determined who will take charge after you’re gone? For any business today, the importance of having a succession plan is critical for a company’s long-term success. Read the article…………………………
Adams Stirling Law Firm In Los Angeles Has An Excellent Summary Of Fee Shifting Provisions With Respect To HOA And Davis-Stirling Act Issues (CA)
We would like to thank Adams Stirling, a Los Angeles law firm specializing in HOA issues, for its excellent summary of HOA and Davis-Stirling Act fees issues and case law, which we post verbatim below and which can be found on its Website. We would note that the firm is headed by Adrian Adams and […]
Ruling Stresses Importance of In-Camera Hearings for Attorney-Client Privilege Claims (FL)
A Florida appeals court has granted a temporary reprieve to a Coral Gables lawyer battling a subpoena under the assertion of attorney-client privilege. The Third District Court of Appeal ruled Wednesday that Miami-Dade Circuit Judge Barbara Areces erred in ordering attorney Alba Varela to appear for a deposition, and denying the litigator’s motion for protective […]
We’ve Been Sued! We Need to Sue! What to Expect When Your Association Goes to General District Court (VA)
Community associations are not immune from being sued or having to file suit. Community associations frequently are in court for issues such as the collection of unpaid assessments from residents, disputes with contractors, and covenant and rule enforcement. Read the article…………………….
Attorney-Client Privilege When Board Members Sue the Association (FL)
Many Associations have just completed their election season and find that a person or persons newly elected to the Board are involved in a case being defended or prosecuted by the Association. Now what? Clearly, a conflict of interest exists but participation in a lawsuit against the Association is not one of the factors that […]
Communication With Your Attorney
Most attorneys are adept and accustomed to using a variety of forms of communication with their clients. Most attorneys will also charge for communications with their clients, so clients should consider what is best, not only in the context of cost, but also what is best for providing and receiving legal advice. As an attorney […]
U.S. Supreme Court narrowly interprets “debt collector” under FDCPA
The U.S. Supreme Court ruled unanimously on March 20 that law firms conducting nonjudicial foreclosures, or foreclosures outside of the court system, are not generally considered debt collectors under the Fair Debt Collection Practices Act (FDCPA). The decision in Obduskey v. McCarthy & Holthus LLP addresses an important federal advocacy priority for CAI Read […]
Make Sure to Contact Your Community Association Attorney When…
Serving on the board of directors of a community association, whether it is a condominium or homeowners association or a co-op, comes with a lot of responsibility. Part of being a successful leader is identifying potentially problematic situations and knowing when to ask for professional help. Read the article…………………..
Boards Sometimes Need a Do Over (NY)
New York Courts sometimes take hard positions on lawyers which can significantly impact their condo, coop and other board clients. Clients sometimes need a “do over” and if they wait too long, they may be trapped in the attorney-client relationship with fees spiraling out of control. Seeking independent advice early on can give boards the […]
Attorney-Client Privilege Is Valuable and Frighteningly Easy to Lose
Condominium board members are often encouraged to be open, honest, and transparent in their communications with the condominium community. However, because of their leadership position, board members often possess confidential information, the disclosure of which may have significant legal and financial implications for the community associations they represent. Confidential information protected by attorney-client privilege is […]
Working With Your Support Professionals: How (and When) Boards Should Speak Up
Attorneys and community association managers can be a godsend for the board of a co-op, condominium or HOA. Most boards consist of volunteers who usually have quite busy external lives themselves, so having an experienced professional on the team for advice, guidance, and enforcement of policy can be a huge help. Read the article………………
Is Your Neighbor Really A Nuisance? (NJ)
We often see complaints from community associations regarding smoking, cooking smells or noise emanating from one unit to another. This leads to the question: what, if anything, can the association do? While many communities have restrictions in the governing documents prohibiting acts which may be or become an “annoyance” or “nuisance” to other residents in […]
Judge Calls Seward Park Co-op’s Legal Fees “Highway Robbery” (NY)
A Manhattan judge has slashed law firm Greenberg Traurig’s fee request by 62 percent – from $464,164 to $175,000 – in a lawsuit brought by Seward Park Cooperative shareholders against the co-op board in a dispute over the co-op’s parking operation. Read the article………………
But I’ve Never Had to Do It That Way Before! Industry Primer: All Attorneys are Different (NC)
To follow up on my last blog post, I have to believe that every attorney who practices has been confronted with the statement “but I’ve never had to do it that way before”. Please believe that despite the image of attorneys driving up costs for their clients, most real estate attorneys are working off of […]
Preserving the Attorney-Client Privilege
As a member of a community association board, it is important for you to preserve the association’s attorney-client privilege. The attorney-client privilege generally prevents the unwanted disclosure of communications between an attorney and their client. For example, if an attorney provides their client an opinion about the strengths and weaknesses of a potential case, third […]
Fear Not the Dreaded Legal Fees: Part Two (NJ)
Very often boards of condominiums and other community associations hesitate to engage in litigation against unit owners who fail to pay common expense assessments due to fear of the legal expense. In addressing this concern, I often advise boards that likely if you do nothing, you will receive nothing. Read the article………………..
The Why and How of Retaining an HOA Attorney
Retaining an attorney for your HOA is an important step towards ensuring the health of your community. The complicated relationship between the governing documents, local ordinances, and state laws, means that there are many intricacies that only a professional lawyer can navigate effectively. Having a lawyer that you trust on hand for every situation can […]
Must the Association’s Law Firm’s Invoices Be Made Available to its Members Upon Written Request? (FL)
An association member wants to review the association’s lawyer’s bills sent to the association over the past year. As a result, the member submits a written request to access those records. But, is the member actually entitled to see them? Pursuant to the relevant sections of Chapter 718, Chapter 719, and Chapter 720 of the […]
Elevator Pitch
I recently read an article published by U.S. News & World Report titled, How to Win a Fight With your Condo Association – Without Going Broke by Teresa Mears. The article includes some solid guidance. A more accurate but less flashy title might have been – How to influence Association Policy – Without a Fight. […]
Function of the HOA Attorney
What is the purpose and function of the HOA attorney? Every association hires various vendors to help effectively run the association and assist the board in keeping the association out of trouble and as far away from potential liability as possible. Second to the association’s property manager, the association’s attorney is one of the most […]
3 Ways to Seek Legal Advice for the HOA
With all the nuances and potential complications of governing a homeowners association, it’s no surprise that boards may need to seek legal advice on occasion. Your HOA management company can be a great place to start. With ample resources and experience in the industry, here at Planned Development Services we will not offer legal advice, but […]
HOA Legal Landscape – Consulting Experts Before Making Key Decisions
Although your HOA board of directors certainly embodies a broad spectrum of knowledge and expertise, it’s unlikely that it will cover every critical aspect of association decision-making. Many community association’s are aware of this, but are nonetheless tempted to save the money otherwise spent on hiring outside expertise. Be wary of making this mistake. The […]
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 defer additional liability when faced with an action filed by an owner or resident in […]
4 Ways Ignoring Experts Are Detrimental to HOA Boards
We’re thinking that failing to seek experts’ opinions before the Board issues its decisions (attorneys, CPAs, landscapers) could prove quite the bad idea. Read on for examples in which doing so would inure to the HOA’s detriment — and to the Board members personally. Read the article……………..
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 with lawyers and the Judiciary as the procedure set forth in the initial Proceedings Supplementary […]
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 Business and Professional Regulation, who said she had an “ethical duty” to report Slaten. Her […]
Consider This Before You Hire An HOA Attorney
Just look at any HOA forum and you can see that HOAs face a wide range of issues. Some are pretty common, while others are simply dumbfounding. While reading and participating in these online forums, I often see questions that should be directed to HOA attorneys. The responses to these questions will often encourage them […]
Consider the Source
The internet can be a wonderful resource but BEWARE: Not everything you read on the internet is true or accurate. It is also not a substitute for professional advice. Sometimes, bad internet “advice” is easy to spot. For example, hopefully none of us will fall for headlines like: “How spending $162,301.42 on Clothes Made Me […]
Condo Boards Beware: Risks Outweigh Advantages of Using E-mail to Discuss Association Business
It is a sign of technology’s fast and firm grip that few of us can remember a time when we communicated by mail (letters inserted in envelopes, affixed with stamps and delivered by the post office) rather than e-mail, delivered instantly to one recipient or dozens of them by pressing the “send” button on a […]
Attorney’s Fees In Homeowners Association Disputes (CA)
Civil Code Section 5975(c) states: “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” There are a few things to note about this statute. First, this only applies to an action to “enforce the governing documents.” If this is not an action to “enforce the […]
Check Your Privilege, HOA
The attorney-client privilege is frequently misunderstood in the community associations context. When many owners request information, sometimes their board, board’s attorney or property manager asserts the attorney-client privilege. This may seem to obstruct their attempts to assess their property rights or how community funds are being spent. I recently had a conversation with a friend […]
Want to Sue? You’ll Have to Pay to Play (NY)
Despite the crazy illogic of it, some cooperatives and condominiums are repeatedly sued by litigious residents who disagree with the board’s decisions. One co-op I represent even had shareholders who were attorneys, which enabled them to sue without charging themselves any legal fees. Meanwhile, the board and the other shareholders had to absorb the cost […]
How do you choose your lawyer?
Most of my clients retained me without me ever meeting the board. To be honest, it is easy for me that way. I’m not spending time driving or preparing for the meeting. Instead, I spend time serving my existing clients. But, is it the best option for the condominium? Read the article……………
The Attorney Client Privilege in Community Associations
Few legal concepts rival the complexities surrounding the attorney?client privilege in community association matters. The confusion about these complexities, and the resulting misunderstandings, do not discriminate, roping in attorneys, board members, members, and managers alike. This article will shed some light on this complicated topic in the hopes that those involved with community associations will […]
Choosing association attorney is important decision
Selection of association legal counsel is one of the most important decisions a community association board of directors will make. Engaging legal counsel can have long-term implications for your community. Getting the best possible attorney for the association will have far-reaching benefits and we want to share our experience in how a board can get […]
Handling Litigation: When Lawsuits Strike Close to Home
No one likes a lawsuit. Whether filing one or finding yourself on the receiving end of one, they can cause stress, anxiety and an upending of daily life. They can be expensive, take months—even years—to resolve, and often result in hurt feelings and ruined relationships. For condo and HOA board members and residents, the situations […]
Choosing an Attorney for Your Association: Narrowing the Field When Looking for Legal Representation
Not every condominium or homeowners’ association is going to run afoul of the law—the happy truth is that litigation and legal trouble are relatively rare occurrences. But even the most upstanding board of trustees in New England must navigate a labyrinth of community association rules in order to best serve its ownership, and the odds […]
Is Your HOA or Condo Community Manager Covered by the Attorney-Client Privilege?
For attorneys who practice community association law, there has been ongoing discussion at national HOA/condo legal events about whether a community manager is covered by the attorney-client privilege. In general the attorney-client privilege shields communications between an association and its attorney for materials prepared in anticipation of litigation or trial. Read the article…………
Drafting Enforceable Settlement Agreements and Avoiding Pitfalls
Settlement in big ticket litigation is extremely common. Nationally, about 95% of civil cases settle before going to trial. There are a number of benefits of settling a case, including eliminating the uncertainty of a result presented by trial on the merits, the expense of litigation, and preservation of resources of the judiciary system.
Who’s the Client?
The question sometimes comes up, usually from a homeowner or group of homeowners, concerning who the attorney representing the association in a matter actually represents. Some years ago, the California Court of Appeal provided a clear answer. Read the article………….
When To Call In The Professionals To Advise Your Board
Common areas of a community are vitally important. Not only do they ensure a better quality of life for residents, they also help the resale value of properties. So it makes sense that two of the most important duties of any community’s volunteer board of directors are to manage the affairs of the association and […]
Attorney-Client Privilege: Are Attorney Communications Received By, or Copied To, An Association’s Manager Privileged?
A recent Florida appellate decision reminded us of the importance of understanding attorney-client privileges when communicating with community association clients through their manager. Under the evidence code, a client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of […]
Things to Consider When Hiring a Lawyer for Your Community Association
Hiring the right lawyer to represent your Community Association is an important decision. Does the law firm and lawyer you are interviewing specialize in Community Association Law? How long have they been actively representing community associations? How long have they been in business? Are they intimately familiar with the routine and unique issues facing Community […]
So Your Association Changed Attorneys…Now What?
An association has decided to change its legal counsel and transfer all existing matters to its new lawyer. The management company sends the request to the prior law firm only to be told that a retaining lien has been asserted. Until the lien is satisfied, the law firm refuses to transfer the files. Is that […]
Importance of HOA Contracts
Each year, thousands of homeowner associations across the country engage in complicated renovation projects that run the gamut from siding replacement to roof overhauls to dryrot repair to new decks and fences. Aside from the complexity of the tasks themselves, all need a carefully crafted construction contract that not only describes the scope of work […]
An Example of When to Contact Association Legal Counsel
The other day, I was contacted by an acquaintance who asked for my help changing his condominium’s no-pet policy. He explained that he was a board member, and that their condominium’s “bylaws” banned all pets. My first question was whether he wanted my assistance personally or as counsel for his condominium association, to which I […]
The Roles of the HOA and Legal Counsel
WesternLaw Group’s newest article, “The Roles of the HOA and Legal Counsel“, was published in Common Interests (CAI Rocky Mountain Chapter, July 2015). Written by Brian Denlinger. Available here.
Childress Immune From Malpractice Suit, 11th Circ. Affirms
The Eleventh Circuit on Friday upheld the dismissal of a condominium association’s malpractice suit over law firm Childress Duffy Ltd. Inc.’s handling of a hurricane coverage action, finding that the firm’s decision to not use a particular witness at trial is protected by Florida’s judgment immunity doctrine.