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Community Update – December 2019

As 2019 comes to a close, we look back at a selection of our most popular Community Update articles. Read on for a refresher on special assessments, juggling both your official association communications with your personal information, and speeding issues in your community. Also, we feature our top read article from our new Spanish feature […]

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Community Update – November 2019

As we prepare for the holidays and other year-end festivities, associations are also beginning to look ahead to the needs and demands of the coming year. This month’s edition explores some of the issues that associations may encounter from time to time and discusses best practices for putting your community’s best foot forward. If your […]

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Why Should Your Community Consider Trademarking Its Name and Logo?

Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners. I live in a country club community that has a distinct font and logo which is intentionally highlighted on our association website, advertisements, business cards, stationary, […]

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Are Signed Condominium Election Ballots Valid?

For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case of Alvarez v. Club Atlantis Condominium Association, Inc. In this case an association rejected ballots […]

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The Use of a Power of Attorney Document at Association Meetings and Elections

A power of attorney (“POA”) is a legal document delegating authority (specific rights set forth in the POA) from one person (the principal) to another (the agent). Association boards and managers may have encountered these from members who wish to designate someone else to act on their behalf and many questions arise as a result. […]

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Dos and Don’ts for HOA Board Members When It Comes to E-Discovery

You were just elected as a member of the board for your association and with that election comes a series of responsibilities. With so many people living in your building, along with those who service the building, odds are you may deal with a legal issue or two during your tenure. If any of these […]

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Why Community Associations Should Check Their Zoning and Entitlement History

Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community, facilitating the adequate provision of transportation, and promoting public health and […]

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Slow Your Roll: How to Address Speeding Issues in Your Association

Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community? If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, […]

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Can Both Spouses Continue to Serve on the Board?

Sometimes spouses both take an active part in how their community functions. There is no prohibition on them serving on committees, but can they both serve on the board? They can, but only under certain circumstances. The first is if the condominium has less than 10 units. If that is the case, then regardless of […]

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