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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents.  Where the terms of a covenant are unambiguous, courts will enforce such restrictions.  However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her …

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Community Association Due Process Rights with Respect to Neighboring Developments

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the …

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Will Mistake Require A New Election?

Q:  I recently lost the election at my condominium by a few votes.  Although my name was on the ballot, my resume was not included with the ballot mailout.  Doesn’t this require the association to have another election? T.V.

A:      If you timely submitted your candidate information sheet, and you can provide that you …

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Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral …

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