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By: Husch Blackwell LLP

Blog Authors

Ketajh Brown
Sandra Chapman
Lydia Chartre
Catarina Colón
Billie Jo Fatheree
Angela B. Harden
Daniel Miske

Latest from Association Alert

Association Alert

Association Academy: Condo and HOA: Zoning, Cyber Crimes, Fine Collection, and Emotional Support Animals

By Billie Jo Fatheree
April 20, 2021
Association Academy.210526 2
Please join Husch Blackwell’s Condominium & HOA Law Team for this informative seminar. We’ll review fine collection, common zoning regulations and practices, the importance of cyber insurance, and recent updates from the Department of Housing and Urban Development on emotional support animals.…
Association Alert

Pools and Fitness Centers are Starting to Open Around the Country

By Daniel Miske
April 8, 2021
My good friend Jim Slaughter, a CCAL attorney from North Carolina, just posted the following on his blog (I have condensed simply to show what other states are doing).  You can read his entire blog HERE. North Carolina Democratic Governor Roy Cooper announced Executive Order No. 204 (“Further Easing of Restrictions on Business and Gatherings”) which took effect on March 26, 2021.  While the order was 27 pages long, here a couple of the…
Association Alert

Developers/Declarants are Liable for Implied Warranties to Association for Construction Defects

By Daniel Miske
March 31, 2021
Defect
Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”).  Developer had acquired the remaining undeveloped portions of the development, other than the common areas.  “A construction company affiliated with Developer, Rivers Development, Inc. (“Builder”), completed construction of the development.  Developer sold all the newly constructed townhomes to individual homeowners.”  The Association sought damages…
Association Alert

Language in Declaration Makes Association Strictly Liable

By Daniel Miske
March 24, 2021
Documents
Facts Defendant, Castletown Corner Owner’s Association, Inc. (“Association”), had a duty to maintain a lift station.  Specifically, the declaration imposed an obligation on the Association to pay “all Maintenance Costs in connection with” improvements constructed at the Association.  Maintenance costs are then defined as “all of the costs necessary to maintain the … sewers, utility strips, and other facilities … and to keep such facilities operational and in good condition, including, but not limited to,…
Association Alert

Dealing with Sophisticated Debtors

By Sandra Chapman & Billie Jo Fatheree
March 17, 2021
Sophisticated Woman
Does your condominium or homeowners association (HOA) have owners who don’t pay their assessments?  Owners are finding more excuses to avoid paying their assessments.  Filing multiple bankruptcies, submitting payments with conditional language, NSF payments, claiming they don’t owe since they don’t use the common elements. . .  The list goes on and on. So how does your association handle these “Sophisticated Debtors”?  Does your Association have a strong written collection policy?  Are your governing documents…
Association Alert

Attorney Fees – FDCPA Violation – Failure to Follow Association Document Procedures

By Daniel Miske
March 10, 2021
FDCPA
Facts Plaintiff, O’Donnell, bought his condo in 2012 and sold it in 2019.  Beginning in 2013, O’Donnell missed various assessment payments.  In late 2013 the association filed a lien, and in 2018 the association commenced a foreclosure action.  To bring the lawsuit to an end, O’Donnell sold his unit.  The sale allowed O’Donnell to pay off the claimed past due assessments and attorney fees.  At the time of sale, he paid $23,342 to the association…
Association Alert

Tackling Mental Health and Aging Issues in Your Community Association

By Billie Jo Fatheree & Sandra Chapman
March 3, 2021
Emotion Faces
Mental health issues can impact community associations in a myriad of ways.  Often Associations become the “reluctant care provider” (owners have no family/next of kin, or the family “dumped” the owner in the Association rather than in a care facility).  This can be true of older residents (“aging-in-place”) as well of younger residents.  The COVID pandemic, and the corresponding year of lockdowns, has added extra stress and increased isolation, exacerbating existing mental health conditions.  This…
Association Alert

Solar Panels – What Your Association Should Do When Someone Requests to Install Them

By Daniel Miske
February 24, 2021
Solar Panels
When faced with a request by a homeowner or condominium owner to install solar panels at your association, your Board needs to determine a number of things: Whether there are restrictive covenants or rules that prevent the installation; What “solar access rights” if any exist under their state’s laws; What if any restrictions the Association wants and can place on the installation, maintenance, repair, replacement and removal of the solar panels; Who is paying for…
Association Alert

Education, Education, Education – Overcoming Harassment, Racism and Hostility in Community Associations

By Billie Jo Fatheree & Sandra Chapman
February 17, 2021
Bridge Gap
Let’s face it, 2020 was rough and not everyone was nice about it.  Hate crimes have increased dramatically over the last six years.  Heightened political tensions have led to family quarrels and neighbor-to-neighbor feuds.  And to top it all off, the COVID pandemic and corresponding lockdowns has made most of us a little stir crazy. Where does this leave community associations?  Associations have a duty to protect residents from a hostile environment and can be…
Association Alert

Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines

By Billie Jo Fatheree
February 10, 2021
Thank you to all who attended our virtual Association Academy on February 5 – Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines.  If you missed it, don’t fret, we recorded it for you, and you can access at any time. To view the recording click HERE as we outline the NEW 2020 Robert’s Rules, how parliamentary procedure should be used to run meetings more efficiently, some case examples of fine issues that…

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