I recently read an article published by U.S. News & World Report titled, How to Win a Fight With your Condo Association - Without Going Broke by Teresa Mears. The article includes some solid guidance. A more accurate but less flashy title might have been - How to influence Association Policy - Without a Fight. read more

One of the main reasons I love practicing common interest community law is its newness. Compare condominium law to, say, contract law, which can be linked thousands of years all the way back to the Babylonian Code of Hammurabi (est. 1792-95 BC). Or what about Normative or English Common Law, that also trace back centuries? read more

Having tried over 60 trials to verdict, litigated at least a couple hundred more and counseled clients on perhaps five hundred disputes over the past 20 plus years, it took me until the last few years to understand a very important concept involving legal disputes: The best route to resolution—like water—is the path of least resistance. read more

It is common for issues between community associations and owners to escalate into disputes when there is a request by the owner to review association records. On the one hand, a board may not understand the obligation and elect to deny a records request outright. On the other hand, an owner may have unreasonable expectations regarding the scope, timing, and who should bear the cost of review. With this in mind, we offer the following primer on records requests. read more

There are certain situations in life that tend to bring out the worst in people, and one of those is when neighbors just cannot seem to get along. Whether at an HOA or condominium, when people of diverse personalities and interests, who would otherwise not be connected in any way, are forced to live in close proximity to one another, it can be a recipe for conflicts, particularly when owners refuse to compromise or communicate with one another. I have yet to see a set of governing document that expressly requires owners to be friends and get along. read more