In a recent case from Colorado, the Colorado Court of Appeals held that an HOA could prevent a homeowner whose voting rights had been suspended from running for election to his board of directors. To read the entire Colorado case, here is a link: Majersky v. LCM Property Management, Inc., No. 24CA0046 (Colo. App. Oct. 10, 2024). NOTE: Although this case is not binding in North Carolina or South Carolina, it may still be helpful to take a look at the reasoning used by the Colorado court. Gregory Majersky was a homeowner in the Summerfield Villas Homeowners Association. The professional … Continue reading
Tag Archives: Board of Directors
Keeping Your Community Association Solvent in A High Inflation Economy
If you are like me, you are becoming acutely aware of rising costs in our current economic environment. While inflation appears to be cooling off a bit, it certainly is not coming down at the rate necessary for most Americans to see much of a difference. In a post COVID world, we have seen prices of food, goods, and labor soar. And while we are all hopeful for some relief from rising costs in the near future, we must prepare as best we can to live and operate in a high inflation economy. Homeowners and condominium associations are certainly not … Continue reading
The Developer is Offering the Association (a lot of) Money to Sign a Release- Should the Board of Directors Consider Signing it?
Over the last year our firm has seen an uptick in offers to associations from the developer to pay money in exchange for signing a release. The language of releases can vary but the purpose is almost always the same – The money being offered to the association is in exchange for releasing the developer and any other named parties from any and all claims, known or unknown, that the association may have. These claims being released will almost certainly include claims for construction defects for the association’s amenities but can also include a release for claims related to the … Continue reading