Tag Archives: litigation

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.
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Mediation isn’t as easy as clicking your heels, but it can be a magical way to resolve disputes

We’re Off to see the Wizard

by:Elizabeth A. Tippin

There’s no place like home!

There’s no place like home!

Unless, of course, your home is the source of an unresolved dispute. And condominium and homeowner associations, because of close living conditions, restrictions, and shared property, see disputes on a daily basis. A resident violates the rules by parking his boat in the community parking lot. Someone hangs laundry in their backyard or on balcony railings. Dogs hark, stereos blare, construction defects surface–a myriad of issues can create disputes. Special committees or board members can often resolve these conflicts. But when two sides cannot negotiate a solution, associations should turn to mediation. A mediator can quickly, efficiently, and cost effectively resolve a dispute, in a way that is lasting, educational, and productive. If Dorothy and the witch had consulted a mediator–and shared those red shoes–the witch might never have melted.

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Lifting the HOA Veil

In real estate sales, sellers are required to disclose any material fact that any prudent buyer would want to know before completing a purchase. Property located over a toxic waste dump would be an obvious example of disclosure and the need for it. There are less catastrophic issues, like roof condition or a leaking crawlspace but the idea is the same.
 
Anything that could negatively impact the value or marketability of the property needs to be divulged before closing. While there are usually statutory disclosure requirements of single family house sellers, these same disclosures are generally not required of homeowner association home sellers. This is a huge problem and here’s why:

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