Articles
The Business Judgment Rule protects directors from personal liability if the board errs. Courts have repeatedly given deference to decisions made within the Business Judgment ...
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 the first...
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 are attended
...
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 unnecessarily panic associ...
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, from
...
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 category. [In o
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 prevent t
...
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 license, it was dis
...
While HOA law is primarily a state law issue, federal government is increasingly involved, in issues including housing discrimination, satellite dishes, amateur radio antennae...
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, on behalf of a
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 moments...
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 of
...
