In an action to foreclosure on a lien for unpaid common charges brought by our HOA client, we successfully defended a unit owner’s challenge to service of process. Thereafter, the Court issued a money judgment and judgment of foreclosure and sale. Three days before...
Our litigation team’s aggressive defense strategy in filing a pre-answer motion to dismiss proved successful when the Court dismissed the action brought against their clients in a dispute involving members of Condo and HOA Board Members. This case is a reminder that...
No one pays you to be on the homeowner’s association committee. No one compensates you for the hours you give to ensure your condominium is a pleasant place to live. Facing litigation from a tenant or owner is enough to make you want to renounce your role in your...
Every type of board or organization faces its own unique challenges. A homeowners association is no different. Overcoming these challenges can be difficult but it can help to acknowledge them and learn about them before they are staring you in the face. What...
Question: Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still...
Question: Some members of our board want to make a resolution limiting the number of dogs each unit owner can have two dogs. However, the majority of board members say this can't be done, because it goes against our bylaws. I read our bylaws, and it is stated that...
Question: The President resigned and Board nominated me for the position and that position and I accepted. Question "I will now be both President and treasurer at the same time." I think this is a conflict of interest and must resigned my position as treasurer....
Question: We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying improper. What else can we do? Answer: If you do...
Question: I am the president of a condo association. Our building does not allow short term rentals. A fellow board member asked if the board would allow them to do a three month summer rental, which we advised them that they can not. The following day they listed the...
Question: We have an investor who is very behind in maintenance fees. We'd like to take away his tenant's parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an...
