Resources

The Latest Updates on Our Blog:

Developer (Mis)representations

[excerpt] One of the three primary areas of developer liability in community association development and operation is representation made about the nature of the project (the other two being construction defects and association operation). In simple terms, when someone reasonably relies upon what you say and takes - or refrains from taking - action based upon that reliance, you can be bound by what was said and the consequences of those actions....

Federal Law Imposes New Requirements on Community Pools

[excerpt] The Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. Section 8001 (the "Act"), which regulates the safety of public pools and spas, went into effect on December 19, 2008. The Act regulates "public" swimming pools and spas, including privately owned community pools and pools owned or operated by a homeowners association, condominium association, apartment building, or other residential real estate development. As of December 19, 2008, all public pools and spas....

Downloads:

Full Copies of Selected Past Newsletters:

December 2009 - includes articles on Annual Meeting Q&A and Developing Dynamic Communities with Transfer Fees

Fall 2009 - includes articles on the Importance of Holding Meetings, Taking Good Minutes at Meetings, and Mortgagee Standards

Winter 2009 - includes articles on Workouts, Interstate Land Sales in a Down Market, and Giving Up Assciation Control

Fall 2008 - includes articles on IRS Scrutiny of Tax-Exempt Organizations and Coping with Foreclosures

Spring 2008 - includes articles on the Secondary Mortgage Market, New FCC Rules, and Developer Rights

Winter 2007 - includes articles on Embracing Multicultural Communities and Training Boards of Directors

Spring 2007 - includes articles on Interstate Land Sales Compliance and Creating Community Space

Full Copies of Selected Articles:

• "Practical Issues in Planning for Age-Restricted Housing Under the Housing for Older Persons Act (HOPA)," Probate & Property, January/February 2009
• "A Lawyer's Lament: Law Schools and the Profession of Law," 60 Vanderbilt Law Review 386, 2007.
  
• "Common Interest Communities: Evolution and Reinvention," 31 The John Marshall Law Review 303, 1998.
  
• "Community Associations: How to Draft Documents that Work," Real Estate Law Journal, Summer, 1978.
  
• "Concepts of Liability in the Development and Administration of Condominiums and Home Owner Associations," Wake Forest Law Review, Fall, 1976.
  
• "Condominium and Home Owners Associations: Formation and Development," Emory Law Journal, Fall, 1975.
• "The Not So Simple Life: Interstate Land Sales Issues in Condominiums and Mixed Use Developments," The ACREL Papers, Spring 2004
  
• "Amenity Strategies for Planned Developments," State Bar of Texas, July 2004
  
• "New Urbanism: A New Way to Do Things the Old Fashioned Way," The ACREL Papers, Spring 2002
  
• "Governing Documents for Golf Course Communities," Land Development, Vol. 12, No.3, Winter 2000
  
• "Passing the Torch from the Developer to the Homeowners: The Transition of Association Control Without Litigation," Land Development, Vol. 11, No. 2, Fall 1998
  

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