Condo Media - February 2024 - 37

good use of time. Questions can be
directed to the association's legal
counsel for explanation and assistance.
3 Build your lien enforcement
cases carefully. Some of the
lawsuits associations face are fi led
because unit owners, who have been
the subject of association action,
decide to take a turn on the off ense.
In general, claims against associations
can be reduced by implementing the
preceding suggestions. Risks can also
be reduced by the association being
careful about building the cases
it brings against unit owners.
For instance, as to lien enforcement
cases brought for a failure to pay
assessments, associations should
ensure that owners are periodically
informed of the fees and when they
are due. Further, if the association's
governing documents specify a process
(for instance, the issuance of a notice
and an opportunity to clear the
delinquent balance), these actions
should be taken prior to referring the
case to legal counsel. In addition, any
late fees or interest charges should be
added to the account only in strict
compliance with the language of the
governing documents. Finally, when
the case is referred to legal counsel,
utilize a professional familiar with
the applicable law, including debt
collection law, who can prosecute
your case properly.
4 Build your rules enforcement
cases carefully. Again, some unit
owner lawsuits are really retaliation
for an action by the association.
Associations can minimize risk by
being careful about building their
own cases. For instance, as to rules
enforcement or " violation " cases,
the board should begin with an
understanding that the association
will bear the initial burden of proof
regarding the existence of the violation
and the party who committed the
violation. So, evidence (e.g., photos
and witness statements) should be
collected early. Next, compliance
with the governing documents
matters. So, if the documents require
any specifi c warning or similar notice,
it should be issued prior to turning
the case over to legal counsel
(excepting emergencies or safety
issues). Any fi nes should be assessed
strictly in accord with the governing
documents. Taking these steps
will maximize the success of the
association's case and also minimize
the chances that an owner tries to
" turn the tables " on the association.
It's tough out there these days.
Boards should operate with some
consideration for making sure their
positions are defensible in the event of
a legal battle. When questions arise, it
is more economical to obtain legal assistance
before the dispute blossoms.
■ GARY M. DADDARIO, ESQ., CCAL,
IS A PARTNER WITH THE LAW FIRM
MARCUS, ERRICO, EMMER &
BROOKS, P.C. AND A FELLOW OF
THE CAI COLLEGE OF COMMUNITY
ASSOCIATION LAWYERS (CCAL).
More important than your
building's location is where
your insurance resides.
At HUB International New England,
we offer a comprehensive approach
to building customized insurance
and risk management programs for
residential and commercial
condominiums throughout New
England.
With 1,900 plus condominium
associations ranging from two units
to over one thousand units, our
Condominium Team reviews each
association's own individual risk
exposures to tailor the insurance
program.
John Piazza | 978-661-6654
john.piazza@hubinternational.com
Risk & Insurance | Employee Benefits | Retirement & Private Wealth
Ready for tomorrow.
February 2024 CONDOMEDIA 37
Condo Media - February 2024

Table of Contents for the Digital Edition of Condo Media - February 2024
