The Condominium Association filed suit against the owners seeking judicial foreclosure and a monetary judgment. The owners counterclaimed against the Association seeking compensation for repairs made to the interior of the unit and mismanagement of a lawsuit against the builder. The trial court dismissed the counterclaim on Summary Judgment, finding that the owners’ claims were long barred by the statute of limitations; the owners appealed. While the appeal of the Motion for Summary...
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In response to the Consumer Financial Protection Bureau’s requirements, the American Land Title Association (“ALTA”) developed ALTA Best Practices for real estate settlement service providers. By establishing this 7-pillar framework, ALTA seeks to guide its membership on best practices to protect consumers, promote quality service, provide for ongoing employee training, and meet legal and market requirements. These practices are voluntary and designed to help members illustrate to...
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Lueder, Larkin & Hunter’s community association newsletter Community Matters is now available for download online. The Fall 2016 edition features an article regarding HUD's new Fair Housing rule and its implication for community associations (By Cindy Hodge), an article about the effectiveness of settlement agreements in collection matters (by Mark Edwards), and a discussion of the Mountainbrook case and its how it will affect late charges and interest for certain community associations...
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Brendan Hunter and Elina Brim recently obtained a judgment for our association client in the Superior Court of Forsyth County in excess of $40,000.00, which included $22,000.00 in fines. The case arose when the homeowner refused to perform maintenance on his property and refused to pay assessments. With respect to maintenance, the homeowner argued that a jury must make a determination of a maintenance violation. Further, the owner argued that a jury must make a determination on his statute of...
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Jefferson M. Starr was a featured speaker at Strafford Publishing, Inc.’s October 11, 2016 webinar titled “Securing Social Media Admissions: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence.” Mr. Starr’s presentation included investigative tips for tracking down admissions by opponents on social media sites, strategies for drafting discovery relating to social media accounts, strategies for overcoming objections to social media discovery, guidance on...
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