Condo-HOA Law Blog

Law as it Relates to Condos & HOAs

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The Disappearing Declarant

More and more associations these days are experiencing the “disappearing declarant” phenomenon: The original developer suffers such financial difficulties that their unsold units are abandoned or foreclosed upon – or the declarant itself files bankruptcy or goes into receivership. Sometimes the construction stops mid-stream, leaving partially developed lots unfinished and buildings unoccupied. Clearly these associations are experiencing some […]

Balancing the Issues

In these trying economic times, homeowner associations are looking for many creative ways to keep their collective heads above water. One possible means we have heard from our clients is selling or leasing common areas or facilities. For example, an HOA may wish to sell a portion of its open space to an adjoining community […]

Who Pays?

It is important to remember that not every Association responsibility is paid for as a common expense. Both Washington and Oregon statutes provide that common expenses may, in certain circumstances, be assessed against fewer than all owners. Governing documents may also require that expenses associated with the limited common elements must be assessed to the […]

Don’t Sweat the Small Stuff

You may have read the popular self-help book Don’t Sweat the Small Stuff… and It’s All Small Stuff: Simple Ways to Keep the Little Things from Taking Over Your Life by Richard Carlson, PhD. The book encourages readers to limit the amount of stress, anxiety and mental energy that they spend dealing with things that […]

Effective Communication

“The single biggest problem in communication is the illusion that it has taken place.” – George Bernard Shaw Whether in a personal or professional context, communication–or lack thereof–often causes strife and conflict. This axiom certainly applies to community association management and governance. How many times have you attended a board or association-wide meeting to find […]

Demystifying Board Member Conflicts

“The greatest crimes do not arise from want of feeling for others, but from an over-sensibility for ourselves and an over-indulgence to our own desires.” – British Statesman Philosopher Edmund Burke. People run for the board of directors of their association for many reasons. Some see the position as a way to get more involved […]

Process and Procedure

Associations need to take note:  Process and Procedure Matter.  A Florida homeowner association was recently reminded of this fact when it was ordered to pay an owner $85,000 in damages. The owner is seeking an additional $220,000 in attorney fees.  The dispute stemmed from a $2,212 landscaping bill for replacement of the owner’s lawn.  See the related news […]

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