Community Associations Day

October 25th, 2010
Posted By
Valerie Farris Oman
Another CA Day has come and gone and my enthusiasm for participation with WSCAI is again renewed. I know of no other area of law where clients and the professionals that serve them have so many opportunities to educate each other about issues affecti… Read More
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Categories: Community Associations Institute
Tags: CA Day, cai, community associations institute

Standard of Care for Boards

October 16th, 2010
Posted By
Valerie Farris Oman
Owners and Board members are often confused about what standard of care the law imposes on Board members, and with good reason. The Condominium Act (the “New Act”) imposes one standard of care upon Board members, but that standard of care also ap… Read More
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Categories: Board Conduct
Tags: board member, board of directors, condominium act, good faith, ordinary care, reasonable care, standard of care

Super Priority Lien Basics

October 13th, 2010
Posted By
Valerie Farris Oman
A lien is a document that records a debt, using a condo unit as collateral for the debt. Ordinarily, a lien against real estate has “priority” based on the date the lien is recorded. Once a lien is recorded, it becomes next in line to any liens p… Read More
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Categories: Collections
Tags: assessments, collections, condominium act, horizontal property regimes act, lien priority, new act, old act, super priority lien

Reasonable Accommodation – Interpreters

October 11th, 2010
Posted By
Valerie Farris Oman
Many clients ask us whether they are obligated to pay for a sign language interpreter to be present at meetings at the request of a deaf homeowner. The short answer to this questions is yes. A community association must provide interpreters to enable… Read More
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Categories: Condominium Laws
Tags: accommodation, disability, fair housing act, fha, reasonable accommodation

Renovation Projects and Your Governing Documents

September 28th, 2010
Posted By
Valerie Farris Oman
So you’re Association faced with doing a renovation project – where do you start? The first place the Association should start with is the Declaration – the association attorney can help ensure that the Board is complying with the Declaration… Read More
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Categories: Governing Documents
Tags: bids, budget, capital improvement, compliance with governing documents, damage, destruction, governing documents, owner vote, procedure, process, renovation, repair

Resale Certificates – What to Disclose

September 22nd, 2010
Posted By
Valerie Farris Oman
Sometimes our clients ask us: what are the legal requirements for language used in resale certificates regarding damages where repairs are needed? Our basic recommendation is that it is always better to disclose something and have a sale fall through… Read More
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Categories: Condominium Laws
Tags: damages, defects, governing documents, litigation, resale certificate

Notice & Opportunity to be Heard

September 16th, 2010
Posted By
Valerie Farris Oman
Over the past several weeks, we have dealt with many questions about the proper procedure to follow when issuing fines against owners who do not comply with association rules. One important requirement that many associations do not know about or unde… Read More
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Categories: Condominium Laws
Tags: condominium act, due process, fine, governing documents, hearing, noncompliance fine, notice, notice and opportunity to be heard, procedure

Service Animals: General Information

September 7th, 2010
Posted By
Valerie Farris Oman
Our clients contact us frequently to ask what accommodation, if any, must be made for owners (or even tenants) who have service animals. Based on extensive research and multiple experiences with clients responding to discrimination complaints, the in… Read More
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Categories: Condominium Laws
Tags: companion animal, disability, emotional support animal, pet, reasonable accommodation, request for accommodation, service animals

Accommodating Owners with Disabilities

September 1st, 2010
Posted By
Valerie Farris Oman
We receive many questions from our clients related to owner requests for disability accommodations, such as permission to install a wheelchair ramp on association property. Our research on this issue has led us to share the following information with… Read More
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Categories: Condominium Laws
Tags: accommodation, disability, equal access, fair housing act, fha, hud, reasonable accommodation, wheelchair

The Carrot Approach to Collecting Assessments

August 26th, 2010
Posted By
Valerie Farris Oman
Association attorneys can talk all day long about the “stick” approach to collecting delinquent assessments, because that’s what we do – we get involved after a delinquency already exists. However, the “carrot” approach to collecting asse… Read More
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Categories: Collections
Tags: assessments, carrot and stick, collection, collections, delinquency, policy, voluntary compliance
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