ARTICLES RELATED TO OUR SERVICES

The Importance of Communication

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Many of the problems that face community associations have their origin in poor communications.  Many lot owners have little contact or interest in the association…

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Statues of Limitation and Repose…Explained

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The terms “Statutes of Limitation” and “Statutes of Repose” are often confused.  A statute of limitation limits the amount of time that a claimant has to…

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Arbitration versus Mediation

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Arbitration and mediation have become more common in recent years. The inclusion of one-sided arbitration clauses in consumer agreements with large businesses has taken away…

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Quick Tip – Planned Community Insurance

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Associations subject to the Planned Community Act are required to maintain property insurance on the common elements and liability insurance.  If the insurance is not…

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Quick Tip – Death or Incapacity of Member Appointing Proxy

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The death or incapacity of a member appointing a proxy does not affect the right of the corporation to accept the proxy’s authority, unless notice…

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The D.I.Y. Lien – Common Mistakes & Pitfalls in Collecting Assessments

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Filing a lien and pursuing civil action are two primary options available to homeowners’ associations (HOAs) when collecting unpaid assessments and fines from delinquent lot…

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Association Meeting Member Lists

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Incorporated associations must prepare an alphabetical list of the names of its members entitled to notice of a meeting, showing the address and number of…

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When It All Falls Apart: Disputes with the Declarant

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So far in our series we have outlined the general nature of those rights and how long they can last, the requirements of transferring those…

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“So Sue Me”: Collecting Assessments

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As discussed in our post “‘Lien’ on Me”, we are frequently asked for advice on how to collect unpaid assessments and fines.  While the answer…

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Transferring Special Declarant Rights

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In Part 1 of our series on special declarant rights we explained the general nature of those rights and how long they can last. Here we…

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Does Your Construction Contract Have a Solid Foundation?

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The spring construction season is nearly here!  Whether your project plans are small or large, your contract can cause big headaches if you leave out…

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Recording of Amendments

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Amendments to declarations resulting from a membership vote should be properly recorded in the office of the Register of Deeds to give notice of the…

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Declarations & Bylaws

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Knowing the difference can avoid problems! One of the most common situations we face is an Association thinking that it can use amendments to the…

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Combining Lots to Reduce Assessments?

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A recurring problem we see in restricted communities arises when lots are combined.  Declarations often permit combination of lots without discussing how the combination will…

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