All Articles and Case Decisions

"Injunctive Relief" Affords HOAs and Their Members a Means for Enforcing Governing Documents "Injunctive relief" is a form of equitable relief that is granted by a judge pursuant to a court proceeding involving issues where monetary relief in the form of money damages will not be adequate because the conduct ...
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"Red Flags" that Signal Potential Reserve Account Problems Homeowners associations must conduct periodic reserve studies in order to have a realistic estimate of the costs of repairing and replacing major common area components such as roofs. Ideally, an association will have funds set aside in a reserve account to cover ...
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"Res Judicata" Doctrine Bars Action - Homeowner Must Pay Costs & Expenses For Filing Frivolous Appeal Tennessee Appellate Court decision (December 29, 2014). Following a failed real estate sales transaction, the homeowner sued her real estate agent and several other parties that were involved in the transaction. The trial court ...
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“Open” vs “Executive Session” Meetings of an HOA’s Board of Directors Perhaps because homeowners associations are often viewed and characterized as private governments or quasi-public bodies, most meetings of the board of directors of a homeowners association are required to be open to attendance by the association’s members and state ...
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By Lawrence Szabo, Esq. | Board of Directors Perhaps because homeowners associations are often viewed and characterized as private governments or quasi-public bodies, most meetings of the board of directors of a homeowners association are required to be open to attendance by the association’s members and state laws typically prohibit association boards from ...
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“Town Hall Meetings” Are a Good Way for HOA Members to Share Information and Become Involved Issues that are important to association members do not always have to be addressed at formal membership meetings, or during the open forum portions of directors’ meetings. This content is for Subscribers. To continue ...
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$147.00 HOA Assessment Ends with HOA Judgment for Over $10,000.00 Plus Additional Attorney Fees This case involved a dispute between homeowners ("Owners") and their homeowners association ("Association") over Association's claim for unpaid assessments and the imposition of a lien on Owners' property without first providing Owners with an opportunity for ...
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10 Common Defenses to Actions to Enforce Governing Documents Members of homeowners associations are frequently confronted with situations involving claims by the association that the member is not complying with certain provisions that are contained in the association’s governing documents (Bylaws, CC&Rs, Rules, etc.). Typically, an association will attempt to ...
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14 Warning Signs that Signal Homeowners Association Reserve Problems State laws and/or association governing documents typically mandate an HOA reserve study be prepared for funding the future replacement of major components such as roofs, streets, and exterior paint. The reserve study provides a current estimate of the costs of repairing ...
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By Lawrence Szabo, Esq. | Oct 9, 2018 | Finances State laws and/or association governing documents typically mandate an HOA reserve study be prepared for funding the future replacement of major components such as roofs, streets, and exterior paint. The reserve study provides a current estimate of the costs of repairing and replacing the common ...
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7 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
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Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal conduct on the part of wrongdoers who take advantage of their position. By following ...
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8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
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A New Year Brings New HOA Budgets As nonprofit corporations, homeowner’s associations must establish budgets each year so that the revenue received by the association is sufficient to pay for, but does not exceed, the projected expenses for the year. This content is for Subscribers. To continue reading, you must ...
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Accounting Assistant Steals $148,000 from HOA by Setting Up Company with a Similar Name The Real Deal, a South Florida real estate news provider, has reported that a former accounting assistant in Miami-Dade has been arrested and charged with first-degree grand theft and organized crime to defraud more than $50,00 ...
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