By: Kristie Leff As social acceptance of smoking cigarette smoking changes, smoking in condos is becoming a hot-button issue. Smoking is not a constitutionally protected right, and more people are becoming aware of the health effects of second-hand smoke. As a...
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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.
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Firm News
Proper Budget Adoption
By: Kristie Leff One of the most important functions of condominium boards is the assessment and collection of common charges. Without a properly funded budget the association will not be able to pay its expense, maintain the property, pay insurance premiums, or fund...
Enforcing pooper scooper rules: a messy road, to say the least
Every Association has dealt with the complaints. One (or more) unit owner who refuses to clean up after their dog. It seems like such an easy thing for a unit owner to do, but for whatever reason, certain unit owners don’t find it necessary to bag the waste and...
Evicting Tenants Under CIOA and Landlord/Tenant Statutes: Statutory Requirements and Procedures Must be Followed to Avoid Dismissal
By: Barbara G. Hager and Kristie Leff Under the Common Interest Ownership Act associations have the right to evict problematic tenants who violate the Declaration, Bylaws, Rules or Regulations of the association. Associations can evict tenants even though the...
Challenges in Collections for Common Interest Communities – Part 3
By: Ronald J. Barba Now comes the lawsuit. After all the warning notices from the association and demand letters from counsel, the collection turns into a foreclosure matter. The sixty-day notice requirement having elapsed, a complaint is drafted and served upon the...
Challenges in Collections for Common Interest Communities – Part 2
By: Ronald J. Barba What are you collecting and Why does it matter? Collections cases can vary depending on the nature of the assessments being collected. The most straight forward case involves unpaid common charges. There are other cases which require more...
Challenges in Collections for Common Interest Communities – Part 1
By: Ronald J. Barba Anyone who has served on the board of a condominium association knows that common charges are the life blood of their community. Having spent long hours gathering information from vendors and looking to the future needs of the community,...
The effects of Bankruptcy on Common Charges
By, Ronald J. Barba As part of our practice representing common interest communities in their collection efforts, we have to deal with unit owners who file bankruptcy owing substantial fees to the Association. Although the evidence is anecdotal, there appears to be a...