Educational Topic

During project closeout, many differing interests and perspectives—some of them conflicting—create a complex dynamic. Pinpointing whether or not construction is truly "over" isn't always a simple, straightforward matter. Numerous individuals and entities have an interest in declaring construction complete. 

Many people have observed that community associations are actually “mini-governments.”  The “citizens” (owners) elect “officials” (directors) to make both small and large decisions affecting their lives and assets.  These decisions relate to property values, membership safety, long-term financial planning, use of property and maintenance of amenities.

Board members should be aware of these key contract provisions to include in agreements between homeowners associations and contractors. These terms cover everything from liability to attorney's fees, and give the HOA legal advantages if a dispute, mediation, arbitration or lawsuit occur. Include these clauses to ensure your HOA doesn't

HOA boards and owners should understand construction permit basics: deadlines, budgets, liability, and other aspects of project permitting that they can (and should) control.

The question of how a community association will pay for a lawsuit must be decided by the board when the need for litigation arises. Depending on whether the HOA is the defendant or pursuant in a lawsuit will often determine what financial sources the association can draw from. 

The law of fiduciary responsibility can be viewed as having two purposes. The first is moral or educational in nature. The law sets a standard for appropriate conduct of association directors. It is intended to guide proper conduct and avoid inappropriate actions. The other role of the law of fiduciary duty is to act as a practical tool for restitution. If a homeowners association is damaged because of a breach of fiduciary duty by the director, the law affords a remedy to recover the resulting damages.

Earthquake risk keeps growing in California, making earthquake insurance a viable option for HOAs and condominium owners. Learn about the costs of insurance premiums, deductibles, and the types of homeowner earthquake policies available 

HOAs of multi-level condominiums or other developments are probably familiar with nuisances caused by noisy neighbors, with a majority of complaints coming from unapproved flooring. Associations have a legal responsibility to address and resolve theses noise nuisances or else face expensive litigation and fees.

Everyone loves a lush, green landscape filled with beautiful, healthy trees. However, sometimes trees seem like more trouble than they are worth. Constant building clearance pruning, messy sidewalks, pavement damage, dying trees…how can this all be avoided?

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