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...
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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
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...
Board Education is the Key to an Association’s Success
One of the greatest challenges in representing community association board is keeping boards educated about their powers and duties. Too many mistakes are made not from ill-intent but, ignorance. Most Connecticut community associations are subject to the provisions...
3 critical reasons for HOA foreclosures
Owning a home in a community with a homeowners association (HOA) can be a double-edged sword for you. On the one hand, you enjoy well-maintained common areas, amenities and a sense of community. On the other hand, there are rules, fees, and sometimes, the looming...
5 types of loans your HOA can consider to finance association needs
If your homeowners association’s (HOA) budget and reserves fall short, alternative financing can fund capital improvements or urgent repairs. Many HOAs take out loans to spread the cost of expenses and avoid imposing large special assessments. HOAs also turn to loans...
The role of member voting in amending HOA covenants
Amending Homeowners' Association (HOA) covenants is an important task that can shape the future governance and harmony of your community. If you are an HOA board considering such changes, it is essential to understand how member voting plays a crucial role. The power...