The governing documents of a homeowners association, whether called a declaration of easements (a declaration), covenants, conditions, and restrictions (CC&Rs), or otherwise, will identify the provisions and restrictions that apply to the lot owners. The original developer of the subdivision likely wrote the original governing documents some years ago and created the restrictions to reflect what the developer envisioned for…
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Condominium associations frequently insure aging common elements, such as clubhouses, recreation centers, maintenance buildings, and other shared facilities, under replacement cost property insurance policies. Condominium and homeowners associations may assume that replacement cost coverage will fully fund rebuilding after a catastrophic loss. However, as Piatt Lake Bible Conference Association v Church Mutual Insurance Co., No. 2:23-CV-73, 2025 WL…
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Homeowner associations that have residential use restrictions should ensure that such restrictions are properly enforced as short-term rentals via online platforms continue to grow in popularity.
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Condominium associations should consider amending their condominium bylaws to provide the board of directors with authority to refer co-owner disputes to mediation.
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If your association is reviewing a cable service provider agreement, we recommend you consult with counsel knowledgeable in community association law to help advise you on its terms and possible revisions that may need to be made so it complies with the association’s governing documents and applicable laws.
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Every community association should consult with its attorney and insurance agent to determine what risks are covered and avoid the temptation of simply choosing the cheapest coverage. This is especially true during a pandemic. While insurance does not cover everything, proper coverage can eliminate many risks. Click here to read more
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