» Board Conduct

The Appeals Court of Illinois recently held that an association’s board of directors does not have authority to bring a lawsuit on behalf of the association if it is not formed properly according to the condominium’s governing documents and the l… Read More

The South Carolina Supreme Court held that association board decisions must be evaluated individually to see if the business judgment rule applied, and the business judgment rule did not apply when the board acted beyond its authority. Although this… Read More

The Washington Court of Appeals upheld a ruling that a homeowners association director who is opposing the board on an issue and is likely to file a lawsuit against the association is not entitled to legal advice from the association’s attorney, no… Read More

A Utah court recently ruled that under the Utah Nonprofit Corporation Act an association is not obligated to provide a member with the email addresses and phone numbers of other members. Although this case was decided by a Utah court interpreting the… Read More

Associations trying to keep their condominium child free may want to think again. Associations which try to utilize governing documents to discriminate against owners with children could find themselves going up against the Department of Housing &… Read More

The formalities of the law and due process are in place to protect the rights of individuals. When the procedures of due process are skirted it can strip a community association of the ability to enforce its rules or levy fines. A condo association i… Read More

When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a… Read More

We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing t… Read More