This is an article about the Colorado Legislature's attempt to address complaints that homeowners associations go too far in collecting monthly assessment.
They complain that heavy handed tactics are employed and that late fees and other expenses can become a bigger problem than the actual amount owed. Read the article here.
The point is that community associations need to be transparent, fair and even handed. Tactics that are unfair are going to result in very costly law suit, and associations may have to pay for both sides lawyers.
Its better to take a little longer, use diplomacy and be fair. Boards that rush to court are usually the most at risk of paying too much for lawsuits that were not appropriate to begin with.
If some Board members are litigation happy, others should speakup and make sure that litigation and legal enforcement is being used cost effectively and as a last resport. Speaking up requires courage, but a voice or reasons must prevail.
Many of these lawsuits are great for the lawyers but not the associations or the unit members. So slow and steady is the message.
If problems continue expect legislative responses. Which means this --community associations have a choice of self regulating, or becoming overly regulated by the state.
May I suggest that the choice is clear.
Lieberman & Blecher represents community associations in New Jersey.
They complain that heavy handed tactics are employed and that late fees and other expenses can become a bigger problem than the actual amount owed. Read the article here.
The point is that community associations need to be transparent, fair and even handed. Tactics that are unfair are going to result in very costly law suit, and associations may have to pay for both sides lawyers.
Its better to take a little longer, use diplomacy and be fair. Boards that rush to court are usually the most at risk of paying too much for lawsuits that were not appropriate to begin with.
If some Board members are litigation happy, others should speakup and make sure that litigation and legal enforcement is being used cost effectively and as a last resport. Speaking up requires courage, but a voice or reasons must prevail.
Many of these lawsuits are great for the lawyers but not the associations or the unit members. So slow and steady is the message.
If problems continue expect legislative responses. Which means this --community associations have a choice of self regulating, or becoming overly regulated by the state.
May I suggest that the choice is clear.
Lieberman & Blecher represents community associations in New Jersey.
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