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Louisiana Condo & HOA Articles Archive

/ Owner - July 1, 2012
  • Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract
    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 Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), and filed a motion to compel arbitration.   Read the article…………………………….
  • 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 insurance that associations should seriously consider obtaining in order to respond to large scale disasters.    Read the entire article……………………………….
  • 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 lawsuit against Louisiana law firm Steeg Law, L.L.C., alleging FDCPA violations arising out of letters sent by the firm on behalf of the condominium association for the complex where Reyes owned a unit. The letters demanded payment for amounts due to the association within seven days, instead of the 30 days prescribed by the FDCPA. The firm also allegedly continued to communicate with Reyes after ...
  • 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 Charles and Madalyn Cochrane and the Concerned Citizens of Eastover.    Read the article…………..
  • 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 Parkview had a duty to preserve the ledgers, that Parkview acted in bad faith in destroying the ledgers, and that the destroyed evidence was relevant to Plaintiffs’ claim”.    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?”
  • Transition
    Transition
  • Strategic Planning
    Strategic Planning
  • Reserve Studies/Management
    Reserve Studies/Management
  • Green Communities
    Green Communities
  • Governance
    Governance
  • Community Security
    Community Security
  • Financial Operations
    Financial Operations
  • Energy Efficiency
    Energy Efficiency
  • Community Harmony & Spirit
    Community Harmony & Spirit
  • 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.
  • 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…….
  • 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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