Skip to Content
Menu Toggle

Archives

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part IV

April 13, 2015 Community Association Industry Legal Blog

This blog post is part IV in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and main sources of revenue.

Community Association Board Members are Protected by the Business Judgment Rule

January 19, 2015 Community Association Industry Legal Blog

Board members oftentimes hesitate in taking necessary actions as they become frozen by the fear that their decisions may lead to unintended consequences. This results in critical decisions being delayed—the proverbial kicking the can down the road. Yet, depending upon the situation, the failure to act could produce a worse outcome. Board members do have a fiduciary duty and responsibility to their associations, and the fear of breaching this duty is what leads to board members hesitating when it comes to making major and difficult decisions. However, the “business judgment rule” applies to association board members just as it applies to other corporate directors and officers. This Blog post will discuss how community association board members are protected by the business judgment rule.

Ten Things Every Newly Elected Board Member Should Know

January 15, 2015 Community Association Industry Legal Blog

This is the time of year when many community associations hold their annual meetings where elections are held and newly elected members assume their roles within the board of directors for the first time. Being a board member is a major commitment, both in terms of time and responsibility. Because most association bylaws state that board members shall serve without compensation, those who serve truly do so because they love their communities and desire to improve them. Despite those good intentions, many newly elected board members are not familiar enough with association governance to make an immediate and positive impact on their communities. This Blog post is for the newly elected director and lists the ten things every community association board member should know.

Condo Associations Must Ensure That Accepting Partial Payments From Delinquent Unit Owners Won’t be Considered Payment in Full

November 25, 2014 Community Association Industry Legal Blog

Condominium association budgets suffer significantly when unit owners become delinquent in paying assessments. Moreover, the burden for those unpaid assessments falls on the responsible unit owners who must make up the shortfall in the next yearly budget, which often results in higher assessments across the board. For this reason it is important that associations have collections policies in place to pursue unpaid assessments. However, associations must ensure that in their zeal to collect unpaid assessments that accepting partial payments from delinquent unit owners won’t be considered payment in full of the entire debt owed. This blog post will discuss a recent court case which serves as a loud warning to all associations when accepting partial payments from delinquent unit owners.

Avoiding the Selective Enforcement Defense When Enforcing Condominium Association Rules and Regulations

October 29, 2014 Community Association Industry Legal Blog

One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection at least every two years if not every year. When members decide to run for the board, they often do so because they feel the current board is not properly running the association or enforcing its rules. Yet once a newly elected and motivated board attempts to right the ship and enforce the bylaws and rules and regulations, it finds itself having to respond to selective enforcement defenses due to the prior board’s failure to act. This presents quite the conundrum. Board members have a fiduciary duty to enforce the association’s governing documents but cannot do so effectively. There must be a solution. This Blog post will discuss how a board can avoid the selective enforcement defense when enforcing condominium association rules and regulations.

subscribe to legal alerts

subscribe to our blogs

sign up now

Media Contacts

Charles B. Jimerson
Managing Partner

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

we’re here to help

Contact Us

CONNECT
Jimerson Birr