Community E-ssentials

June 2003 NUMBER 19   Volume 2 Issue 7  
In This Issue
Court Upholds Association's Right to Clarify Ambiguous Terms
Do Your Pool Rules Discriminate?
Pedal to the Metal - Acceleration of Assessments as a Collection Tool
Meetings in the Electronic Era
Rising Insurance Costs for Community Associations
Past Issues
NUMBER 18
May 1, 2003
Vol. 2 Issue 6
NUMBER 17
April 1, 2003
Vol. 2 Issue 5
NUMBER 16
March 1, 2003
Vol. 2 Issue 4
NUMBER 15
February 1, 2003
Vol. 2 Issue 3
NUMBER 14
January 1, 2003
Vol. 2 Issue 2
NUMBER 13
December 1, 2002
Vol. 2 Issue 1

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Court Upholds Association's Right to Clarify Ambiguous Terms
Orten & Hindman recently obtained a successful outcome on behalf of an association who sought to enjoin an owner from parking a nine foot camper on her lot. The case, which lasted over two years, offers insights into a judge's perspective and guidance to associations in pursuing covenant enforcement disputes.
[FULL STORY]
 
Do Your Pool Rules Discriminate?
Swimming pools and children. For some associations, the two do not always go together peaceably. Many associations wishing to create “adults only” pool time have adopted rules that prohibit children from the swimming pool during certain times, etc., and in the process have violated the Fair Housing Amendments Act of 1988 (“the Act”).
[FULL STORY]
 
Pedal to the Metal - Acceleration of Assessments as a Collection Tool
What does an association do about the chronic delinquent, the owner who finally pays only to become delinquent again the following payment period? Repeated dunning and legal action can impair the relationship with the owner and can cost the association time and money. And, of course, the association’s cash flow is interrupted over and over. An often overlooked association option is acceleration. Acceleration is the association’s right to declare an owner’s future assessments to be presently due and payable if certain conditions occur. The most obvious condition is delinquent payment or non-payment of assessments.
[FULL STORY]
 
Meetings in the Electronic Era
Lately, it seems that more and more associations are conducting business via electronic means such as e-mail, facsimile and video. For instance, some associations are allowing directors and/or members to vote via internet or use e-mail or facsimile as a means of conveying consent for actions without meetings. This article discusses pertinent issues with respect to associations taking a leap into the electronic era.
[FULL STORY]
 
Rising Insurance Costs for Community Associations
If your association’s insurance carrier has recently increased the amount of your premiums while decreasing the amount of your coverage, you’re not alone. The insurance industry is going through what is known as a “hard market” meaning that insurance premiums are on the rise, coverage is harder to obtain, and policies include more limitations and exclusions. The insurance industry argues that it is just doing what is necessary to remain in business and that associations have been spoiled by nearly 15 years of a “soft market” with no real restrictions on coverage and dropping premiums. A prolonged soft market coupled with the losses insurance companies suffered in 2001, have contributed to the current hard market.
[FULL STORY]
 
Orten & Hindman, P.C.
We do one thing and we do it well...Community Association Law

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Published by Orten & Hindman, P.C.
Copyright © 2003 Orten & Hindman, P.C.. All rights reserved.
These materials have been prepared by Orten & Hindman, P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Tom Hindman, Jerry Orten or Loura Sanchez.
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