Our Blog
Articles and news from our firm.Use Caution When Reviewing Leases
Originally posted on August 7, 2012 by Ryan Many governing documents provide the association with the authority to review and either approve or deny the leases of community members. This authority can be helpful in that the association can ensure the lease document...
Property Maintenance Company Cannot Foreclose on Condo Units
Originally posted on February 27, 2012 by Ryan Parc Central Aventura E. Condo. v. Victoria Group Serv., LLC, 54 So. 3d 532 (Fla. Dist. Ct. App. 2011). A Florida court of appeals determined that a company providing cleaning, concierge and security services to a condo...
Self-Help and Covenant Enforcement- Drawing a Line in the Sand
Originally posted on February 27, 2012 by Ryan Frustrated board members often find themselves in a predicament: how far is too far in covenant enforcement? Oftentimes, the governing documents of an association will allow the board to use self-help to enforce the...
Alcoholic Beverage Licences for Homeowners’ Associations
Originally posted on February 22, 2012 by Ryan H. 3295 is a bill introduced in the House on January 12, 2011 and signed by Governor Haley into law on June 17, 2011. This bill authorizes homeowners associations to hold state licenses to sell alcoholic beverages. In...
Keeping the Reins: Beware of Underhanded Boards and Their Tactics to Remain in Power
Originally posted on January 9, 2012 by Ryan Although the SC Nonprofit Code and the governing documents of an association maintain safeguards for fair elections, many boards are coming up with crafty ways to ensure re-election. An article in the Orlando Sentinel lists...
Proposed Gun Range in Posh Condo Penthouse
Originally posted on January 9, 2012 by Ryan Here’s an article from the Baltimore Sun about a penthouse unit owner in the Baltimore Ritz-Carlton Residences seeking to obtain a permit to build a gun range inside the unit. Condo association rules, state laws and local...
Board Committees
Originally posted on December 12, 2011 by Ryan From time to time, a Board of Directors may find it helpful to delegate responsibilities to Board Committees. Committees are authorized by the Nonprofit Code in S.C. Code Ann. § 33-31-825, except where prohibited by the...
Association Can Enforce Zoning Regulations
Originally posted on December 12, 2011 by Ryan Ariyan v. Pine Orchard Ass’n, Inc., No. CV084034207S, Conn. Super. Ct., Dec. 3, 2010. The court in this case held that the Pine Orchard Association had the authority to enforce zoning regulations within the association. ...
Lien for Unpaid Assessments is Superior to Unrecorded Tax Lien
Originally posted on December 12, 2011 by Ryan Mira Owners Ass’n v. Lawrence, No. C10-630RAJ, U.S. Dist. Ct., W. Dist. Wash., Feb. 16, 2011. An association member became delinquent on assessment payments and also failed to pay his federal income tax. In November,...
Alligator Liability?
Originally posted on November 11, 2011 by Ryan The Georgia Supreme Court has decided to hear a case involving a woman who was eaten by an alligator in a homeowner’s association lagoon. 83 year-old Gwyneth Williams was housesitting for her daughter and son-in-law in a...
Disabled Resident’s Abusive Conduct Violates Covenants
Originally posted on September 30, 2011 by Ryan Connor v. Lake Dexter Woods Homeowners Ass’n, Inc., No. 2D09-5382, Fla. App. Ct., Dec. 29, 2010. The Lake Dexter Woods Homeowners Association sued for an injunction against a disabled resident with an “angry” personality...
Recouping Money from Banks that Foreclose on Units
Originally posted September 30, 2011 by Ryan I like this idea from a recent Palm Beach Post article: “Parra’s methods include charging a $1,000 fine if exterior door locks are not the same. When a bank repossesses a unit, it typically changes the locks but doesn’t...
