- Association Contracts (FL) May 2, 2024
Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does not have the in house employees required for specialized, but essential tasks, such as the maintenance and repair of your community’s plumbing, elevators, or fire ...
- Condominium Construction Defect Lawsuits: When Sponsors Bring Architects into the Fray (NY) April 20, 2024
Condominium boards embroiled in construction defect lawsuits against developers (sponsors) often see a further complication arise: the sponsor bringing in the project architects as third-party defendants. Sometimes the condo can sue the project architect directly but many times the focus is on the developer and its members and they point the finger at the architect. This tactic can introduce additional complexities into the condo board’s case against the sponsor. A recent New York case sheds light on this dynamic. Read ...
- Important Construction Contract Provisions for Major Repairs in Condominiums & HOAs (MI) April 19, 2024
The overwhelming majority of condominium and homeowners associations will, at some point in time, need to enter into a large construction contract for a major repair or replacement. Complex construction contracts are more frequent in condominiums, where associations have a much larger number of items that they are responsible for maintaining. However, even smaller homeowners associations may have to contract for a repair or replacement to certain large items, such as private roads/drives or shared stormwater drainage systems for their ...
- Navigating Dispute Settlements and Business Decisions: A Guide for Community Associations April 17, 2024
In the complex realm of managing condominium and homeowner associations, disputes with contractors and other critical business decisions can unexpectedly arise. Successful navigation through these challenges requires proactive measures, clear communication, and careful decision-making. In this guide, we explore how to handle dispute settlements, important business choices, and the significance of release agreements for associations. Read the article…………………………….
- Approving and Signing Association Contracts (OH) August 1, 2023
Associations act through their boards of directors. This means that, for an association to take any action, the board of directors must collectively vote to approve that action. As it relates to contracts, boards of directors should vote to approve contracts and document all votes approving contracts in the association’s minutes. The minutes should read something to the following effect: “Motion made by Jim Smith to approve the contract dated July 31, 2023, with XYZ Landscaping. The motion was seconded. ...
- Contracts and Community Associations (CT) July 11, 2023
One of the items our office is often asked about is entering into contracts. Contracts are generally simple enough to understand. Party A agrees to provide a good or service to Party B. Party B agrees to pay Party A for said good or service. Seems like a simple proposition, so why do so many questions arise about contracts and community associations? Read the article………………………..
- Common Contract Concerns for Community Associations June 7, 2023
Most community associations in Florida operate with the assistance of outside vendors. As such, many community associations do not have in-house staff to pressure wash sidewalks or maintain the elevators. Communities often have a compilation of contracts with multiple vendors ranging from one-page estimates with no contractual provisions other than price, to lengthy contracts with exhibits and many pages of small print. Read the article………………………..
- HOAs Must Understand Use and Power of Contracts May 16, 2023
The board of directors in a homeowners association (HOA) is responsible for the functionality and governance of the community. One of the powers and duties delegated to the board of directors is the power to negotiate and enter into contracts, which is highly significant to the operation and bylaws of an HOA. Read the article………………………..