I have never seen a Condo Declaration that required a project manager for any maintenance or repair. But if I were to look, I would look at the maintenance provisions, the authority of the board provisions and the damage and destruction provision. Th…
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Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70…
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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…
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Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by th…
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This week I was asked to review a $100,000 or so construction contract between a condo association and a contractor. There were many missing documents and specifications as to what work would be done, and lots of work that would be needed was specifi…
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In our many years representing community associations, we have seen a rash of disputes between associations and contractors. The problems fall in to a pattern, and always involve a lack of common understanding about what the association thought they…
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We are getting lots of questions about the Corporate Transparency Act (CTA) and how its reporting requirements affect community associations. Did you know that last week, FinCen published its Beneficial Ownership Reporting Outreach and Education Tool… Read More
Did you know that the “WUCIOA for all” bill also makes changes to WUCIOA as it governs communities already subject to the statute? Most of those changes will take effect on June 6, 2024, while the “for all” portion of the bill does not take e… Read More
The Legislature adopted new restrictions on all community associations’ ability to foreclose on homes for delinquent assessments. These restrictions are found in HB 1482. Key Provisions: You cannot start a foreclosure if less than 3 months of regul… Read More
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