As we watch the news each night, we see images of the devastating war in Ukraine. Millions of Ukrainian citizens have been displaced from their homes and are now considered refugees. The humanitarian crisis grows every day. It’s hard to imagine how such suffering can reach our daily business transactions […]
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Q: How can a homeowners’ association regulate owners renting out their houses to short term guests? If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail) A: The place to start is knowing what your governing documents and local laws say about […]
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 […]
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 […]
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 […]
