How long should an HOA Board wait to file suit on unpaid assessments?

It really depends on several factors. First, there is a 4 year statute of limitations on collecting assessments. If it is going to take more than...

I couldn't say the HOA manager did anything wrong if he gets one check for three units from the same person. The HOA manager is probably not an...

If a recorded amendment to an HOA Declaration did not have the approval required by the Declaration, is it void ab intio?

Your question became a bit confusing when you added the last question. If you are in a situation where the amendment was filed close to 20 years...

Am I obligated to pay HOA assessments?

While there are some, very few HOA covenants that give a builder exemption which have a good definition of "builder". If you review your covenants...

Is it a conflict of interest for an attorney to own the CMA that they manage so they can sue the residents and collect fees for

I apologize but I am not going to give you a direct answer. There is, to my knowledge, only one such situation in the Atlanta area, so you really...

Do I have a case to be able to break my lease without being responsible for 60 days rent and 1 month termination fee.

In most cases, the written lease is going to supersede any oral representations made prior to signing the lease. You are likely stuck with...

Garnishment for Individual Debt on Debtor's Business

You could try a continuing garnishment against the S Corp. While normally used for regular wages, the continuing garnishment could also apply to...

Is it reasonable for an HOA board to require an Acord and formal proposal from a contractor before work is done?

When you say "an Acord", I assume you mean proof of insurance. It is absolutely reasonable to require proof of insurance before you let the...

1. What are the risks with D& O protecting BOD based on reduction being implemented as proposed?

I have to disagree with my collegue - this is a legal problem. The HOA members will be interested as well, but legal issues still arise. First,...

By-Laws of our POA in states that there can only be 5 Board of Directors are we in violation if we added 2 "Members at Large"?

If your bylaws limit you to 5 board members, then that is the limit until you amend your bylaws. But that probably is not the end of the story. ...