Departments

Defamation Lawsuits

Defamation is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may harm the reputation of an individual. In a community association context, defamation lawsuits typically arise when an association distributes information on delinquent members.You can distribute the names of members who are delinquent in their…

Parking Rules & Enforcement

Another source of disputes for many community associations is parking rules. When rules are implemented to distribute limited resources, such as parking spaces, or to preserve the community's appearance by prohibiting commercial vehicles, members may seek an exception to those rules or interpret the rules in their favor. Tensions may rise, and lawsuits may occur…

A Survey of Cases and Tips to Minimize Member-Initiated Lawsuits

Your association's board is often called upon to make judgments about various important community issues. Sometimes board judgments can lead to lawsuits when members feel that their rights were trounced upon or that a board decision negatively affects them. The Insider put together this special issue to survey situations in the past two years when…

Six Guidelines to Prevent Fraud, Embezzlement

Recent news stories of association fund thefts by board members or management companies may be causing concern in your community. In Colorado, the owner of an association's management company recently turned himself in to police for embezzling association money. At one time, he was the association's board president, and while he was in office, he started a management company to handle the association's management duties. Local police say that over a period of six years, the board president embezzled $42,819.46 in dues from the association.

Getting Copyright Licenses for Music and Movie Nights

Q Our association is considering different activities to bring the community together. We are thinking of having a movie night or organizing an event with live music. Do we need to be worried about copyrights. Can an association get in trouble if it shows movies in the clubhouse or hosts a gathering where music is played?

Association’s Compliance Process Is Valid

Facts: Two association members were involved in a dispute over the height of trees along their adjoining properties. One member complained that his neighbor's trees blocked his view of a nearby mountain range, in violation of the association's governing documents. The complaining member brought a covenant violation petition against his neighbor according to the association's covenant compliance process. An outside arbitrator determined that six of the neighboring member's trees were too tall.

Association President Can’t Disburse Settlement Funds

Facts: A condo association sued to stop the developers from making changes to a governing document that would have altered the rights of the existing members. Before the trial began, a court had granted the association a temporary stop order against the developer as long as the association could post a $300,000 bond. Twenty-two association members agreed to pledge personal assets worth $230,000 to secure the bond. Four years later, the court ruled for the association and ordered the bond to be released.