What are mediation and arbitration, and when are they required?
Mediation and arbitration are methods of alternative dispute resolution (“ADR”). Their purpose is to save […]
What are mediation and arbitration, and when are they required? Read More »
FAQs
Who pays the attorney’s fees in a dispute between an owner and the HOA?
The law provides that in any legal action brought by an owner, or by a
Who pays the attorney’s fees in a dispute between an owner and the HOA? Read More »
Is the HOA legally required to enforce the documents?
Yes, associations must enforce their governing documents. In some cases, HOAs have discretion whether to
Is the HOA legally required to enforce the documents? Read More »
How can an owner act independently to enforce the documents against another owner?
Each owner in a condominium project or planned development has the right to independently enforce
How can an owner act independently to enforce the documents against another owner? Read More »
Are there alternative dispute resolution requirements applicable to owner disputes?
Alternative dispute resolution requirements imposed by law, and those imposed by the governing documents, are
Are there alternative dispute resolution requirements applicable to owner disputes? Read More »
What happens to the HOA and the other owners if an owner defaults on his/her mortgage?
When an owner defaults on his/her mortgage, the lender is entitled to undertake a foreclosure
What happens to the HOA and the other owners if an owner defaults on his/her mortgage? Read More »
What is the purpose of mortgage protection?
Most lenders will refuse to make mortgage loans on homes within condominium projects and planned
What is the purpose of mortgage protection? Read More »
What is a mechanic’s lien, and what happens if one is placed against a unit or lot?
The term “mechanic’s lien” describes a document that can be recorded with county government by
What is a mechanic’s lien, and what happens if one is placed against a unit or lot? Read More »
Can the HOA limit the type or number of people who can live in a home?
Statutory law explicitly prohibits housing discrimination based on race, color, gender, religion, familial status, national
Can the HOA limit the type or number of people who can live in a home? Read More »
Can an HOA owner be forced to give up his/her pet?
Pet restrictions in governing documents are valid and enforceable. An owner in violation of the
Can an HOA owner be forced to give up his/her pet? Read More »
Who is responsible for a tenant’s compliance with the governing documents?
An owner is responsible for his/her tenant’s compliance with the governing documents and can be
Who is responsible for a tenant’s compliance with the governing documents? Read More »
Who is responsible for insuring the homes and the common areas for property damage?
The governing documents contain detailed property insurance requirements. In condominium projects, these typically require that
Who is responsible for insuring the homes and the common areas for property damage? Read More »
Are there minimum requirements for the amount of property insurance that must be carried?
Most governing documents include a minimum insurance requirement by stating that the limits of coverage
Is earthquake insurance required?
Most governing documents do not require earthquake insurance, and it is not required by law.
Is earthquake insurance required? Read More »
How can an owner find out what insurance the HOA is carrying?
Homeowner associations must provide copies of their insurance policies upon request.
How can an owner find out what insurance the HOA is carrying? Read More »
What happens if there is not enough property insurance to cover repair costs?
In general, when insurance proceeds are insufficient to pay repair costs, the association must levy
What happens if there is not enough property insurance to cover repair costs? Read More »
What are managing agent bonds and fidelity bonds, and when are they required?
Managing agent bonds and fidelity bonds are a form of insurance for the theft or
What are managing agent bonds and fidelity bonds, and when are they required? Read More »
Under what circumstances can HOA directors and officers be held liable for damages resulting from their service?
The law provides that a volunteer director or officer cannot be held liable for damages
Under what circumstances can an owner be held liable for personal injuries that occur in another home or in the common area?
If the personal injuries were caused by a property condition and not by the actions
Who is responsible for insuring the HOA, the owners, the directors, and the officers, for liability?
The governing documents contain detailed liability insurance requirements. These typically mandate liability insurance for the
Are there minimum requirements for HOA liability insurance?
The law does not require a minimum amount of liability insurance, but most governing documents
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What can an individual owner do about construction defects?
When an owner discovers construction defects in a portion of the property which the association
What can an individual owner do about construction defects? Read More »
What should the HOA do if there are construction defects in the project?
A homeowner association should consult an attorney as soon as it discovers construction defects. Failing
What should the HOA do if there are construction defects in the project? Read More »
What disclosures must be made to a prospective purchaser when there are construction defects in the project?
The seller of a unit or lot is required by law to disclose all material
Under what circumstances does an owner need HOA approval for an improvement or alteration?
Condominium governing documents usually require association approval for improvements and alterations which: Change the appearance