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Fiduciary Duty and the Remediation of Construction and Design Defects

The existence of a construction or design defect in a community association gives way to a unique paradox in the nature and scope of the fiduciary duty board members owe to the association and its members. On one hand, the board has a fiduciary duty to maintain and provide for the necessary repairs to the […]

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The FDCPA and Debts That Can Cause Despair: Issues Implicated in Connection with Debt Collection for Community Associations

The Fair Debt Collection Practices Act (15 U.S.C. § 1692) commonly known and referred as the FDCPA is a federal statute that regulates the conduct of debts collectors in connection with activity to collect consumer debt on behalf of creditors. Although normally associated with and discussed in the context of credit card debt collection and other […]

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Neighboring Tree Threatens Your Community, What Can You Do?

(As originally published in the January 2013, “Restore the Shore” issue of Community Trends, CAI-NJ) In the aftermath of a severe storm you may find that a neighboring property’s tree has fallen on to your community’s property.  Even leaning trees or overhanging branches may create a nuisance; or worse, a potentially hazardous condition.  In the […]

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