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“Switching Hats: Can a Lawyer Who Represents an Association also Serve as a Member of the Client’s Board of Directors?” – FCAP Managers Report

04.01.2022
Karyan San Martano

The short answer: there is no express prohibition against this, but it’s complicated and not recommended for either the association or the lawyer. There are several ethical issues that arise due to the lawyer’s duties to the entity as its counsel, fiduciary duties to the entity as a director, and […]

Areas of Focus: Condo, Co-Op & HOA, Florida Community Association

Top Five Tips When Negotiating a Construction Contract

03.30.2022
Scott KiernanDavid M. Milton

Often even a small proposal for repair work can cause thousands of dollars in unanticipated costs later, which likely could have been avoided by association counsel.  A few changes and/or a short addendum to a contract can be surprisingly affordable and possibly the best fiduciary decision a board can make […]

Areas of Focus: Condo, Co-Op & HOA, Construction Law & Litigation, Design & Construction Contracts

Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

03.30.2022
Joseph Arena

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try […]

Areas of Focus: Condo, Co-Op & HOA, Community Association Litigation & Covenant Enforcement

Community Association Due Process Rights with Respect to Neighboring Developments

03.30.2022
Kathleen “Katie” O. Berkey, AICP

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the […]

Areas of Focus: Community Association Litigation & Covenant Enforcement, Land Use & Zoning