News & Analysis as of

Board of Directors Community Associations

Ward and Smith, P.A.

Defamation 101 for Community Associations

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It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at the board from a disgruntled community member, assertions from...more

Shumaker, Loop & Kendrick, LLP

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures,...more

Whiteford

2024 Virginia Legislative Updates for Common Interest Communities

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The Virginia General Assembly approved a number of bills during its 2024 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...more

Shumaker, Loop & Kendrick, LLP

Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and...more

Winstead PC

[Webinar] HOA Law Live Series - Good Governance - February 14th, 12:00 pm - 1:00 pm CT

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Join us for a live webinar as Winstead attorney Teddy Holtz covers the ethical duties of Association Directors and Officers, additional tips for being a model Director, and tips for responding to or dealing with troublesome...more

Winstead PC

[Webinar] HOA Law Live: Fair Housing Act & Americans with Disabilities Act - POA Implications - November 7th, 12:00 pm - 1:00 pm...

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Join us for a live webinar as Winstead attorney Teddy Holtz discusses the Fair Housing Act & ADA POA Implications....more

Winstead PC

[Webinar] HOA Law Live: Short Term Rentals - Case Law Update and Strategy - September 13th, 12:00 pm - 1:00 pm CT

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An educational webinar series presented by Winstead's Homeowners Association Law Practice Group. Winstead attorney Teddy Holtz will discuss short-term rentals affecting property owners' associations and provide a case law...more

Winstead PC

[Webinar] HOA Law: Deed Restriction Compliance - Legal Process - May 9th, 12:00 pm - 1:00 pm CT

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Winstead attorney Teddy Holtz will discuss the legal process of enforcing deed restrictions until compliance is gained. Board members and managers will gain a greater understanding of the legal process and tips & tricks they...more

Miles Mediation & Arbitration

The Ties That Bind — Like it or Not: A Primer on Homeowners’ Associations in Florida

Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association...more

Stark & Stark

To Volunteer or Not: The Role of Community Association Board Members

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Community associations by and large rely on the efforts of volunteer board members to ensure their success. These individuals play a critical role in shaping the direction and priorities of the organization, and in ensuring...more

Ward and Smith, P.A.

Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically

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This year at the 2023 Community Associations Institute (CAI) Law Seminar in New Orleans, Louisiana, one breakout session focused on Boards of Directors conducting Association business electronically through various modern...more

Woods Rogers

Shining a Light on Executive Session

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Let the sunshine in. I am not talking about the popular 1969 song by The 5th Dimension. I am referring to the statutes governing Virginia community associations that require all meetings of a board of directors, including...more

Ward and Smith, P.A.

One of These Things Is Not Like the Other: Proxies, Written Ballots, and Electronic Voting

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All community associations, at least annually, are faced with action items requiring a vote of their membership.  For example, community association membership participation is necessary on an annual basis to elect the...more

Stoel Rives LLP

New Decision Gives Washington HOAs Broader Deference in Allocating Assessments

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In Brief Court confirms that HOAs in Washington have broad deference when deciding how to allocate assessments. The court ruling could reduce lawsuits challenging discretionary board decisions relating to assessments. The...more

Ward and Smith, P.A.

Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

Ward and Smith, P.A. on

Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events.  How communities deal with these problems was the focus of Ward and Smith's latest...more

Woods Rogers

Don’t Be Dazed and Confused: Legalization of Marijuana and Possible Impact on Virginia Community Associations

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Massive legislation legalizing marijuana in Virginia became law July 1, 2021. The legislation ranges from legalization of marijuana to expungement of criminal records involving marijuana offenses to funding a public awareness...more

Woods Rogers

2021 Legislative Changes that Impact Virginia Community Associations

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In the midst of the COVID-19 crisis, the Virginia General Assembly had a busy 2021 session that consisted of a regular session and a subsequent special session during which it passed many different pieces of legislation that...more

Woods Rogers

Legal Counsel’s Two Cents on Community Association Budget Considerations

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It is that time of year.  Summer vacations are in the books, schools are in session, and pumpkin spice lattes are back on tap.  These signs of Fall also mean many Virginia community associations are in budget season....more

Buchalter

BEFORE THE WALLS COME CRUMBLIN’ DOWN: Lessons that Condo Associations Can Learn from Surfside, Florida Condominium Building...

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Surfside Collapse – what we know so far: On Thursday, June 24, 2021, at approximately 1:25 a.m., Champlain Towers South, a twelve-story beachfront condominium in the Miami suburb of Surfside, Florida, partially...more

Winstead PC

Sustainable Governance: Responding to Changed Circumstances

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A planned community developer needs to control operation and administration of the covenants and community association for some period of time to ensure orderly development and sale of project. The developer has invested...more

Ward and Smith, P.A.

It's No Big Deal, Until It Is: Why Vendor Contracts Matter for Community Associations

Ward and Smith, P.A. on

A key role of most community associations is to engage contractors, service providers, and vendors (all together, "vendors") to assist the community with its everyday needs. These services can range from community...more

Ward and Smith, P.A.

Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed

Ward and Smith, P.A. on

Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions, and restrictions - commonly referred to as the...more

Woods Rogers

Hindsight is 2020 – A Look Back at Impact of COVID-19 on Community Associations Focuses Efforts Moving Forward

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Since March 2020, society has learned how to navigate through and adjust to many upheavals and changes caused by the COVID-19 pandemic. This is certainly true for community associations conducting business and carrying out...more

Ward and Smith, P.A.

Can Our Community Association Still Hold its Annual Meeting?

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For many community associations, the first quarter of the year signals the time to notice and hold annual meetings of their membership....more

Ward and Smith, P.A.

Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future

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It's that time of year again. The holidays are upon us, and the end of the year is drawing near. As we reflect on the unprecedented past year, many of us begin to look forward and think, "What's next?" With a New Year...more

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