Articles

The Business Judgment Rule: Not a Free Pass Oct 10, 2016

The Business Judgment Rule protects directors from personal liability if the board errs. Courts have repeatedly given deference to decisions made within the Business...

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Protection For Volunteers: Business Judgment Rule Oct 03, 2016

Association directors are unpaid, serving their neighbors as volunteers – is it fair that they can be sued for the decisions they make? The Business Judgment Rule is...

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Reader Questions - Executive Session: Used or Abused? Sep 26, 2016

Dear Sir,

You have mentioned the open meeting law. You still have not addressed the board going into secret meetings called executive sessions. These meetings...

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Myths About Toxic Mold Sep 19, 2016

In 2000, a new “toxic mold” panic swept the country, and sixteen years, untold lawsuits, and billions of dollars later, major myths still plague and...

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Reader Questions - Do Chairs Vote, and a Rogue Director? Sep 05, 2016

Hi Kelly,

Recently, some board members from other HOAs and I got together to discuss issues we have in common and best practices other HOAs have tried. One president,...

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Reader Questions - Should We Worry About Upcoming Change in law? Aug 29, 2016

Dear Mr. Richardson,
I have read your article on exclusive use common areas and don’t get whether in a planned development the decks and balconies are in this...

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Reader Questions - Spouses Both Serving as Directors? Aug 22, 2016

Dear Kelly,

There is a pending vacancy in our board, and our new president hinted that he will name his wife to the vacancy. I don’t see anything in our laws that...

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Reader Questions - Who Fires the Bad Contractor? Aug 15, 2016

Hello Kelly,

A company that the general membership voted to select is performing work at our complex. In researching the selected company’s contractor’s...

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Federal Government HELPS! New Law Eases Condominium Lending Requirements Aug 08, 2016

While HOA law is primarily a state law issue, federal government is increasingly involved, in issues including housing discrimination, satellite dishes, amateur radio...

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Reader Questions - Do We Pretend Email Doesn’t Exist? Aug 01, 2016

Dear Kelly,
Recently our manager sent the following to the board: “Can I give the homeowner approval to install?” This responded to a board member submitting,...

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Border Protection: Observing Boundaries in the HOA Jul 25, 2016

Advising associations was for many years occasionally quite stressful, as I would sometimes advise clients which would reject that advice. However, one of the defining...

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Reader Questions - HOA or Hotel? Short Term Rental Headaches Jul 18, 2016

Dear Mr. Richardson,

We own a house and a rental house in a homeowners association. The association directors are proposing to raise the HOA dues on rental units because...

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