Assessments, Condos vs. Town Homes
Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more
While openness fosters trust among members, there are instances where confidentiality is necessary for legal or practical reasons. Finding the right balance can mean the difference between a harmonious community and one...more
The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more
This webinar provides guidance and considerations regarding the legal process upon turnover of collection and enforcement accounts, with a specific focus on lawsuits, including obtaining a judgment and post-judgment actions....more
If done well, enforcement fosters harmony and neighborly behavior within the community. However, to be done well, enforcement of the Covenants must be carried out in a legally sound, fair, and consistent manner....more
The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more
A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more
A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more