(1) a written notice that the association is contemplating legal action; and (2) after the association consults with an attorney, a written assessment of: (i) the likelihood that the legal action will succeed; (ii) the likely amount in controversy in the legal action; (iii) the likely ...
"When I was looking for an HOA Attorney, I called about 10 Law firms and asked them; ‘Other than themselves, who is the best HOA attorney in Utah?’ A landslide of them said ‘John Morris’; the second best only had one vote. The other law firms respect and fear John Morris. He...
HOA boards may refuse access to documents that are bound by attorney-client privilege and those with pending litigation. 5. Homeowners Have a Right to Disciplinary Hearings A homeowner has a right to a hearing before the HOA takes disciplinary action, such as imposing fines or suspension of ...
“Directors in Florida are held to a standard of care that requires them to seek and rely upon the opinions of trained professionals where appropriate,” says Attorney Jonathan S. Goldstein, a senior associate at the law firm of Haber Slade in Miami. “In many instances this includes legal c...
“I think that at the most basic level, the duties that the board owes the unit owners and members comes down to that fiduciary duty,” says Jennifer Horan, a senior attorney with the law firm of Becker & Poliakoff in Naples, Florida. “The officers and the directors have to keep the ...
In “Maintenance Matters: Who’s Responsible,” led by Linda Stearns, portfolio manager for The Niles Company; attorney Jeffrey Turk of Marcus,Errico, Emmer & Brooks; and Sharon Breighner of Barkan Management Company, property managers were advised to be sure that all repairs are made in a ti...