Dear All, I trust this message finds you well and that you are enjoying the holiday season. Significant developments have emerged from the United States Court of Appeals for the Fifth Circuit concerning the enforceability of the Corporate Transparency Act (CTA)....
We Get Results.
We Give You Solutions.
We are the advocates on whom home owners associations (HOAs) and real estate owners rely when they have legal concerns. We are Bender Anderson and Barba, P.C.
We Get Results.
We Give You Solutions.
Year: 2024
CTA NATIONAL UPDATE: FILING DEADLINE REINSTATED WITH DEADLINE EXTENSIONS
CTA NATIONAL UPDATE: FILING DEADLINE REINSTATED WITH DEADLINE EXTENSIONS As was contemplated, the Fifth Circuit Court of Appeals just reinstated the January 1, 2025, beneficial ownership information filing deadline under the Corporate Transparency Act (CTA) for all...
Updating HOA agreements and regulations: Key limitations
Homeowners associations (HOAs) often need to update their governing documents to address changing community needs. A community may want to update outdated rules or adapt to new technologies. There may also be changes in state or federal laws that require adjustments....
Corporate Transparency Act Update!
On December 3rd, the U.S. District Court for the Eastern District of Texas published a decision in the matter of Texas Top Cop Shop, Inc., et al. v. Garland, et al. issuing a preliminary nationwide injunction against the Corporate Transparency Act essentially blocking...
What is the difference between HOA and condominium boards?
Knowing the difference between Homeowners Associations (HOAs) and condo boards can be tricky, as they have many things in common. Both groups work under Connecticut's Common Interest Ownership Act (CIOA) but have different traits and tasks. Key Differences The...
Can HOAs withhold privileges over unpaid fees?
Keeping a community thriving depends largely on the regular collection of HOA fees. Yet, many HOAs struggle with residents who fall behind on their payments, affecting essential services and causing frustration among those who do pay on time. Is it legal for HOAs to...
Corporate Transparency Act (CTA) – UPDATED
On Oct. 24, the motion for preliminary injunction filed by CAI National was denied. The injunction was sought to postpone the deadline for community associations to comply with the act’s burdensome requirements until the case could be fully heard by the court. As a...
Is it normal wear and tear or a construction defect?
When HOAs face building issues, a key question often comes up: Are these problems due to normal settling and wear and tear, or are they construction defects? Normal settling and wear refer to expected damage over time. Construction defects are flaws in design,...
Unclean Hands
Unclean Hands is a legal principle that requires a good conduct on the part of a plaintiff seeking equitable relief. The plaintiff’s conduct must have been fair, equitable, and honest as it pertained to the controversy at issue. The Unclean Hands Doctrine is intended...
Is it possible to remove a problematic HOA board member?
Being on an HOA board isn't always smooth sailing. You might face a tricky situation where a fellow board member causes problems. While removing someone from the board is a big deal, sometimes it's necessary. This guide will help you understand how to handle removing...