Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Attention debt collectors in California: new law requires action by December 31, 2021
12/3/21
By: Mandy D. Hexom
Beginning January 1, 2022, pursuant to California’s new Debt Collection Licensing Act (DCLA), all consumer debt collectors who are collecting on their own account or the account of others, including debt buyers, must be licensed with the California Department of …
Coronavirus and Impact on Landlords and Tenants
4/1/20
By: Michael Bruyere,Ryan Greenspan and Ali Sabzevari
Commercial and residential tenants, whether due to operational closures or loss of jobs or income, will face difficulties meeting their rent obligations, and some may even abandon their properties. Landlords may …
Trying to Go Green May be Harder Than it Seems
3/11/20
By: Matthew Jones
There is more and more urgency for people to utilize “greener” products in an effort to be environmentally friendly and more efficient. Some of these products include electric cars, water efficient toilets, and solar panels, to name …
Association Board Members Have Fiduciary Duties
2/6/20
By: Ali Sabzevari
The Georgia Property Owners’ Association Act and an HOA’s governing documents govern the creation and operation of a homeowners’ associations (“HOA”) and the duties of its board members.
A Board of Directors is typically responsible for managing …
Changes In Store for California HOA Elections
11/18/19
By: Nicole Clowdsley
With 2020 fast approaching, California HOAs should be proactively preparing to comply with a litany of new statutorily mandated changes to their election processes. On October 12, 2019, California Governor Gavin Newsom signed Senate Bill 323 into …
‘Tis the Season. The HOA v. The Holiday Display
10/15/19
By: Nicole Graham
Piling the family in the car to drive through the neighborhood and see holiday displays is a time-honored tradition. With Halloween and the winter holiday season quickly approaching it is a good time to review the HOA’s …
3/12/19
By: Michael Shepherd
As courts across the country become more congested, many courts now order the parties to participate in some form of alternative dispute resolution, such as mediation or non-binding arbitration. When it comes to Homeowners Associations, many state …
Best Practices for HOA Elections
2/13/19
By: Charles McCurdy
In California, as communities with HOAs have proliferated, so has the thicket of statutes, rules and regulations that apply to their operations. For example, just holding an election for an HOA’s Board of Directors implicates California’s Civil …
California Enacts New Anti-Fraud Laws To Protect HOA Members
1/24/19
By: Greg Fayard
In California, an anti-fraud bill designed to protect HOA members sailed unopposed through the legislature becoming law January 1, 2019.
The Community Associations Institute and the California Association of Community Managers sponsored the bill, which makes various …
12/12/18
By: Jake Loken & Bill Buechner
In a case citing The Rolling Stones, Henry Thoreau, and Abraham Lincoln, and listing the ingredients needed to make lemonade, the Third Circuit rejected an elderly woman’s disability discrimination claim under the Fair Housing …
12/10/18
Earlier this year, Florida has enacted several laws impacting homeowners associations. Among these changes include the following:
As of July 1, 2018, Florida requires homeowners associations to publicly record all amendments to governing documents, where “governing documents” …