HOAleader.com - Tip of the Week - April 16, 2010

Published: Thu, 04/15/10

HOAleader.com - Tip of the Week - April 16, 2010

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You've Been Personally Sued: 2 Tips for Protecting Yourself

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This week's tip offers advice for members of the homeowners
association's board of directors who find themselves in court for
actions they've taken as board members. If you've been sued
personally, remember these tips:

1) It's not unusual.

"Very often a disgruntled homeowner will sue the condo
association and board members individually because the
plaintiff believes it will put tremendous pressure on the
board," says Robert Galvin, a partner at Davis, Malm &
D'Agostine PC in Boston who specializes in representing
condos and co-ops.

"The homeowner's lawyer can say, 'If you agree to rescind
this policy my client disagrees with, we'll drop the lawsuit.'"

2) Your association's insurance carrier will often defend you.

You're likely covered if your association has directors and
officers insurance. "All the associations we represent have
D&O insurance, and their insurance company will defend them
in such suits," says James Donnelly, president and CEO of
Castle Group, a property management company in Plantation,
Fla., that manages 55,000 association units.

"Lawsuits against individual board members are rare, but when
it happens, that's why you have insurance."

"There may also be coverage under your association's general
liability policy," says Bob Tankel, principal at Robert L.
Tankel PA in Dunedin, Fla., a law firm that advises
associations.

Those aren't the only things you must know if you've been sued
as a board member. See our brand new article for 7 things you
MUST know if you're sued personally for board actions:
http://www.hoaleader.com/members/419.cfm

Best regards,
Matt Humphrey
President

P.S. To learn more about D&O insurance for HOAs, see our article,
"HOA Board Members: Ensure that You're Personally Insured":
http://www.hoaleader.com/members/130.cfm

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Recent articles posted at HOAleader.com:

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New Cases Scrutinize HOA Architectural Committee Decisions--Part 3

Three recent court cases are a reminder that your board is
responsible for oversight of its architectural review process and
can be held liable when it fails to meet that duty. In this final
installment of a 3-article series, we discuss a Washington case
where an architectural committee overstepped.

Click here to read full article:
< http://www.hoaleader.com/members/417.cfm >

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New Cases Scrutinize HOA Architectural Committee Decisions--Part 2

Three recent court cases are a reminder that your homeowners
association board is responsible for oversight of its
architectural review process and can be held liable when it fails
to meet that duty. In this second installment of a 3-article
series, we discuss a California case that didn't go well for the
HOA.

Click here to read full article:
< http://www.hoaleader.com/members/416.cfm >

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New Cases Scrutinize HOA Architectural Committee Decisions--Part 1

Three recent court cases are a reminder that your HOA board is
responsible for oversight of its architectural review process and
can be held liable when it fails to meet that duty. In this first
installment of a 3-part series, we discuss a case in California
where the community association went to court and won.

Click here to read full article:
< http://www.hoaleader.com/members/415.cfm >

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Tax Tips for HOAs

This week's tip is a sad reminder that condo and homeowners
associations need to file tax returns just like the rest of
corporations in the United States.

Click here to read full article:
< http://www.hoaleader.com/public/414.cfm >

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Tax Day: What Your Board Must Know about Homeowners Association
Taxes

Homeowners associations have to file tax returns like the rest of
the corporations in the United States. Here's a primer on the
rules associations must follow when they file and advice on
minimizing the stress of tax day for your HOA.

Click here to read full article:
< http://www.hoaleader.com/members/412.cfm >

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