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Lindsay S. Smith

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Lindsay Smith is a partner at WLPP Law, where she practices in general community association and real estate law. She provides legal representation in covenant enforcement, document amendment, and general association litigation; contract and document drafting and review; general business and governance advice for association clients; and meeting protocols.

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In March, Molly Foley-Healy blogged on the Nevada crime ring that conspired to steer homeowners associations to certain law firms and contractors in exchange for kickbacks.  On Tuesday, one of the "hired" Board members pled guilty to one count of conspiracy to commit mail and wire fraud.

Darryl Scott Nichols used funds from other conspirators to become a strawman purchaser, and eventually was elected to the Boards of Directors of two different condominium associations.  As a Director, Nichols used his influence to send association business and money to other parties.  These parties compensated Nichols for his assistance, a fatal conflict of interest.Continue Reading Nevada HOA Fraud – Could it Have Been Avoided?

I really enjoy checking out the keywords and search queries people submit that lead them to our blog.  Sometimes they are simple – looking up the attorneys or the firm.  Sometimes, I have no idea how that particular search query sent the individual to our site. 

 Today I thought I would give a quick and dirty rundown of some of the more recent searches that have brought people to www.cohoalaw.com.

1. "Homeowner responsibility if foreclosure when no equity is in home."  If your bank forecloses on your home, and you have no equity or are underwater, you may be sued for the deficiency between what the bank gets out of the foreclosure, and what you owed on your note.Continue Reading So…What Brings You Here?

According to the celebrity gossip website TMZ.com, Chris Brown’s condominium association wants his probation revoked.  As you may recall, Mr. Brown plead guilty to assaulting his ex-girlfriend, singer Rhianna, and as a result was sentenced to five years of probation.

A condition of Brown’s probation is that he will obey "all laws."  This seems like a pretty broad requirement – I mean, do they have a LoJack in his car to make sure he doesn’t go three miles over the speed limit?  What if he removes the tag from a mattress?

Brown’s condominium association alleges he is a nuisance, playing loud music, parking in handicapped spaces, and vandalizing association property.  The association thinks that Brown’s probation should be revoked because he isn’t obeying "all laws."Continue Reading Celebrity Justice, HOA-Style

Wrong.

Yes, you are a member of a homeowners association. With that membership comes rights and responsibilities, such as the obligation to comply with the association’s governing documents and to pay assessments, and the right to select the people who will represent you on the Association’s Board of Directors.

It’s important to remember that as a member of an association, you are represented by the Board – you do not have the power as a member to act for the association.  Much like you’re represented in Congress by Mike Coffman or Diana DeGette, you are represented in your association by your Board members.  It is the Board’s obligation to take actions for the association.  Sometimes, these actions are different than the action you would’ve taken in the same position.

Your difference of opinion with your Board does not, however, give you the right to interfere with the association’s actions, taken through and approved by the Board.Continue Reading But I’m a Member! I’m Allowed to Stop That Contractor…Right?

Stephane Dupont, the head of our collections department, is also an avid home brewer.  He recently brought several bottles of his India Pale Ale to share with the office, and so Friday evening found me with a frosty mug (per Stephane’s explicit instruction) and a Mad Men DVD.

The juxtaposition of beer with work, and the Mad Men DVD got me to thinking about how business is conducted today, versus the way it worked back in the 1960s.  According to Mad Men, men (because they were all men) would gather around a bottle of scotch and conduct business through the haze of cigarette smoke.  This wouldn’t fly today, but it seems some homeowners associations haven’t gotten the memo.

We’ve had association board meetings open with uncorking a bottle of wine.  Seriously.  While we believe that a congenial atmosphere and neighborliness are good things to encourage in the association context, boards must always remember that they are conducting business, not throwing a party. Continue Reading Take a Bottle Drink it Down…Pass it Around….

Associations are obligated by Colorado law, and often their governing documents, to retain certain documents and make them available to owners upon request.  A formal document retention policy can also assist an association that finds itself engaged in litigation.  With more and more associations conducting some business and discussions over e-mail, the requirements of electronic discovery can create additional document retention burdens.

Failure to properly retain documents may result in fines or other penalties if the matter goes to court. Courts expect retention policies to be reasonable; however, what is reasonable depends on the surrounding circumstances. Some factors to keep in mind include the type of document, statutory requirements, and the likelihood of litigation.

Many associations have placed certain association documents online.  These documents may be available to all members with a password, or they may even be available to anyone with the ability to Google.  While there are several advantages of online documents, including greater transparency for members, they also create a number of questions regarding what documents should be retained, where they should be stored, and for how long.Continue Reading Document Retention and Your Association: What You Need To Know

The Denver Post recently ran an opinion piece about underwater homeowners who decide to walk away from their obligations entitled "The Wisdom of Walking Away From Your Mortgage."  In one case, the owner – who made a $100,000 annual salary and invested in multiple real estate clubs – walked away from his $435,000 mortgage to rent a less expensive property.

The tone of the piece indicates some owners believe they are entitled to walk away from a bad bargain because so many banks took bailout money.  It neglects to acknowledge that many banks did not take bailout money, but are still being lumped together with the evil corporate behemoths that did.   The sense of entitlement that permeates the article is offensive to anyone who still believes that parties should abide by the agreements they make.  Perhaps I’m old fashioned, but as a lawyer, and as a community association lawyer with an emphasis in covenant enforcement, I tend to think that contracts are a good thing that should be respected by both parties.Continue Reading “She said I want to walk away and start over again….”

Suzanne Leff and I have had a heated discussion this afternoon regarding the issues of animal hoarding, stray cats, and an Association’s related responsibilities and powers.  We were inspired by this story, in which a "cat lady" defeated her HOA’s notices of violation.  The cat lady provided food and shelter to stray cats, and had been doing so for several years – with the Association’s knowledge and consent.

The Association then determined that the stray cats she fed and sheltered constituted a nuisance and that she was feeding wildlife in violation of the covenants.  In addition, she’d erected a small feeding structure in violation of the covenants.  After multiple hearings, the Association backed down from its position, creating a victory for feral cat lovers everywhere.

Suzanne Leff is somewhat heartless and thinks the Association should not have permitted the cat lady to continue her feline-atarian activities.  Gina’s primary concern is whether the cats have assets that could be collected in the event the cat lady fails to pay her assessments.

I take a different perspective.  This is yet another case of an overbearing HOA dictating what owners can and can’t do on their own property.  The cat lady’s actions ultimately save lives, decrease governmental spending on animal shelters, and provide an endless supply of lolcat pictures.Continue Reading Crazy Cat Lady or Loving Animal Caregiver?

A condominium association in Jeffersonville, Indiana is facing litigation after an elderly resident assaulted an association employee.  Seventy-two year old Betty Haley tried to chest bump (really!) employee Reid Blasi out of her way when he blocked her exit from the pool at the Harbours Condominiums.  You can see the video here.

In response to the chest bump, Mr. Blasi pushed Ms. Haley backwards into the pool.

Big mistake.

Ms. Haley had previously been banned from the pool for "excessive splashing," but continued to use the facilities.  As an aside, what can a 72-year-old woman do that constitutes excessive splashing?  Were the other people at the pool upset they were getting wet?  When does splashing cross the line from enthusiastic to excessive?

To top it all off, mysterious posters of Ms. Haley with sketched-in devil horns have appeared throughout the condominium, calling for her "dead or alive – preferably dead."

We can’t make this stuff up.

Banned for excessive splashing (and being the Prince of Darkness).

Continue Reading Chest Bumping and Excessive Splashing

Every member of an association has something unique they can contribute to their Board.  Board members with backgrounds in insurance, landscaping, law, and construction often provide expertise most people don’t have and become invaluable to an association.  Even without relevant experience, your unique perspective can help your association function better.  You may be considering taking the leap to become a Board member.  We always welcome interest from new and past members, but recommend you do a little thinking before you submit your name for Board consideration.Continue Reading So You Want to be a Board Member…