Community Associations Litigation

The Voluntary Payment Doctrine and HOA Liens

young woman helping senior man with payment on internet using laptop

Homeowners disputes with HOAs and condominium associations frequently revolve around disputed demands for payments, large and small. Homeowners often wonder if they have to pay their monthly assessments if their HOA failed to fulfill an obligation. Generally speaking, if the assessments were legitimately determined by the HOA’s board of directors pursuant to its recorded instruments, […]

Read More
Community Associations Land Use & Zoning Litigation

Dead Tree Lawsuit Against HOA Arborist Dismissed

leafless trees behind metal fence in winter

Contemporary land development policies would not work well without trees. Lot owners use trees for shade, ornamentation, and to screening. Subdivisions, especially cluster developments, often include common areas where trees or shrubs provide dense visual screening of the development. Vegetation can be more attractive and taller than fences. When a tree dies, it transforms from an asset to a liability, threatening damage to nearby structures or people. It is in a lot owner’s self-interest to remove dead trees from their own lots to avoid […]

Read More
Community Associations

Is the Architectural Control Committee a Government of Laws or of Men?

high angle shot of suburban neighborhood

Founding father John Adams observed that a republic is, “a government of laws, and not of men.” Adams contrasted a republic with an empire, where, “what pleases the prince has the force of law.” In Adams view, a government of laws surpasses one where a single individual (or a small group) holds unlimited power. If […]

Read More
Community Associations

Memorandum of Association Assessment Lien

working macbook computer keyboard

HOAs and condominiums continually chase after their members for unpaid assessments imposed for maintenance of common areas and amenities. Normally, a creditor who wants to go after a defaulting “customer’s” property or assets needs to sue them for a judgment if they want to record a lien in the land records. Association boards grew tired […]

Read More
Litigation Soft Skills

Resolving Property Disputes through Mediation

photo of two people shakehands

Successful athletes, owners and coaches share a passion for winning. In 2020, ESPN aired a documentary about Michael Jordan’s Chicago Bulls basketball dynasty. Cancellation of professional sports during the Coronavirus is a disappointment to many Americans. Basketball Hall of Famer Steve Nash once said, “Nothing is black-and-white, except for winning and losing, and maybe that’s […]

Read More
1 3 4 5 6 7 31