Tag Archives: lawsuit

Playing with Fire

Few association budgets can accommodate the huge sums of money required to pursue or defend a lawsuit, and no one is happy to see an association’s money spent on lawyers.

Beyond the expense, a lawsuit can put you and your neighbors through the emotional wringer and create irreparable damage to personal relationships as well as obstacles to effective governing.

The best way to spare your community such trauma is by studying your community’s governing documents, understanding your legal responsibilities and staying alert for these common legal predicaments.

Read more

Association Answers: Are HOA board members protected from lawsuits?

Mike HunterQ: I am considering running for a seat on my HOA board. We are a community of about 80 homes. I am concerned about my indemnity as a board member. I tried to find a clause in my bylaws, but I can’t seem to locate wording that speaks directly to that. Our HOA property manager directed me to Chapter 47F of the North Carolina General Statutes (the NC Planned Community Act), but I still don’t see any language that would prevent a lawsuit from being directed toward me personally for action I take as a director of the HOA. Can you shed some light on this?

Read more

Association Liability

Latest articles about condo’s and HOA’s, found on the internet, compiled by the Community Associations Network

Without a doubt, the most common question I am asked as an attorney by my homeowners association clients is “What can we do to protect ourselves from getting sued?” My answer is always the same: “Nothing!” In this era of quick-trigger and frequent litigation, there truly is nothing that an association can do to stop itself from being sued. However, it is important to understand that the clients are asking the wrong question. Instead, they should be asking what the association can do to protect itself from being held liable in a lawsuit.
Read more