News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network
Members of your community association board have a big responsibility, and they have the legal authority to carry out their roles. Where do they get this authority?
First, most states have statutes—such as a condominium act (NCGS 47C) or homeowner association act (NCGS 47F)—that legally empower elected volunteer community association boards to act on...
No. Owners will continue to make their checks payable to the name of your association. We are simply processing the checks on your behalf....
successfully bring a lawsuit, the plaintiff must have standing to sue.
Standing means the plaintiff is the right person to bring a particular
claim before the court for adjudication. There are three requirements
for standing: injury, causation, and redress.
Plaintiff must have directly and personally sustained an injury, or
there is immediate danger that the Plaintiff will sustain a direct
injury. It is improper to sue for an injury that is of a general nature
common to all members of the public. Likewise, it is generally
improper to sue for the rights of a third party. However,
parties with standing to sue will often assign their rights to another party to
sue on their behalf. This is frequently seen in construction defect
cases where individual homeowners assign the homeowners’ association
or regime the right to sue on behalf of all members collectively.
causation requires that the injury be fairly traceable to the
Defendant’s conduct. This element ensures that the Plaintiff is suing
the correct Defendant.
Finally, redress means that a
favorable court decision will likely rectify the Plaintiff’s injury. If
the court determines that a party lacks standing to bring a claim, the
court will typically grant summary judgment in favor of the opposing
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advice. Seek a competent attorney for advice on any legal matter.