Suspension of Privileges: Can It Go Too Far?

In a recent case in New Jersey, a condominium association settled its case with a unit owner after the civil rights commission made a probable cause finding for failing to make a reasonable accommodation for her disability.

The unit owner fell delinquent on her monthly maintenance fees, and in response, as many associations do, they suspended her rights to use the common areas and facilities.  While this is an acceptable response, the association took it a bit too far.  Not only ...

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Amend Community Documents

As a board grows more familiar with the governing documents, many board members find that some of the provisions of the documents are either too vague or too restrictive.  For older associations, some provisions may be archaic or prevent future sales due to their unreasonable nature.

Due to these reasons, it may be time to amend the community documents.  For many associations, trying to pass an amendment with the consent of the membership is a challenge.

Most governing association documents provide that amendments ...

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Association Attorneys: Who Do They Represent?

It is common at annual meetings that the association attorneys are told something similar to the following:  “The Association pays your bills with my assessments, so you represent me.”

This common misconception often extends not only from the unit owners, but also from the board members. The attorney represents the association as the corporate entity. The client is the corporation.  This relationship is best explained away by stating whom the association attorney does not represent.

The association attorney does not represent the ...

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