Liability/Litigation Tag

No human interaction is without conflict. As soon as my kids were born, they started demanding things. Now, while we are no experts on raising children, my wife and I are able to address these conflicts before our children sue. In a similar way, conflicts arise and affect HOAs and condominiums, but boards and managers can address these conflicts in a way that prevents expensive lawsuits. In...

A Homeowners Association’s (HOA) board of directors acts like a mini government.  Like a government, it has the power to collect taxes, through assessments, and spend those funds, which it does through a wide variety of vendors, including property managers, contractors and attorneys. Like a government, this authority sometimes leads to corruption. Although it is impossible to guard against...

Defending your association in a lawsuit can be costly, time-consuming, and may hinder your board’s ability to function effectively.  Your association’s board of directors is required to respond and defend the association in all lawsuits filed against them, regardless of the merits of the claims. Simply responding to a lawsuit and getting the court to dismiss it can cost the association...

Without a doubt, the most common question I am asked as an attorney by my homeowners’ association clients is “What can we do to protect ourselves from getting sued?” My answer is always the same: “Nothing!” In this era of quick-trigger and frequent litigation, there truly is nothing that an association can do to stop itself from being sued. However, it is important to understand that the...