In 2014 I posted a blog regarding an issue that frequently arises in Condominium and Single Family Residence (“SFR”) planned communities: Can the rental of the units/homes can be prohibited or restricted? That 2014 Blog, which you can read on this website, is still...
Wills are often written once and forgotten for years. People seem to believe wills have a “shelf life”, after which they expire. It isn’t true. The last Will you wrote, even if it was 50 years ago, is still your Will and still governs your estate. It becomes awkward...
“Probate” has become a word mixed with mystery and distrust. As a consequence, one of the statements I hear most often from my clients is, “I/we want to avoid probate”. The fear of this word has led many people to invest in expensive, overly complicated trusts, change...
Planned communities, whether Condominium or single-family-residence in make-up, can establish what is referred to as a “Homeowners’ Bill of Rights”. The purpose of such a Bill of Rights is to place limitations on the power of Association and its Board to dictate life...
In many Associations (both condominium and non-condominium communities) there is uncertainty, and sometimes major conflict, over the proper procedure by which annual Association budgets and assessments are adopted. The following questions arise: A. Regarding The...
An issue that frequently arises in Condominium and Single Family Residence (“SFR”) planned communities is whether the rental of the units/homes can be prohibited or restricted. While there are still some unanswered questions regarding this issue in the State of...
Board Members of community Associations, just like corporate directors, are held to a legal standard of care in their conduct and decisions while serving on the Board. This standard of care applies in relation to the Association Members whom they represent. You will...
The vast majority of Associations are incorporated as nonprofit corporations. There are some Associations, however, that are not incorporated. This may be due to oversight or may be intentional in the case of some single-family residence Associations (“HOAs”) and some...
I have Association clients whose (usually newer) Board members have decided to enforce their CCRs to resolve longstanding violations. They have asked me whether there is a “Statute Of Limitations” that might bar covenant enforcement action after a certain number of...
A serious injury caused by the carelessness or recklessness of another person is a terrible thing, but the untimely death of family member or loved one at the hands of negligent stranger represents a truly horrific loss and a tragedy of the very highest order. In the...
