The law firm of Winzenburg, Leff, Purvis & Payne, LLP is proud to announce that Molly Foley-Healy has been admitted to the College of Community Association lawyers. Molly is now one of fewer than 150 lawyers nationwide to be admitted to this prestigious organization, and joins Mark Payne as the firm’s second CCAL member. CCAL was established in 1993 by Community Associations Institute (CAI), with membership limited to attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL members are also recognized for their commitment to high standards of professional and ethical conduct.
If You’re My HOA’s Attorney, You Represent Me, Right? (No, Not Quite.)
As a community association attorney, I attend a lot of homeowner meetings to discuss legal issues and provide education to boards and owners. I enjoy the opportunity to meet the people who live in my client’s communities. It’s always great to put faces to names and get a feel for the relationship dynamics that make themselves apparent in the meeting space. Often, I stand out as the only person in the room wearing a suit, and I quickly get introduced as the association’s attorney or “the board’s attorney” or simply “our attorney.” This introduction provides a chance for me to answer a question that many owners in the room have: Who do you represent, Suzanne? In fact, I try to answer the following questions, quickly and concisely, with any group of owners that I am meeting for the first time:
Who does the association attorney represent? My firm represents the community association entity, not its board of directors, any of the individual directors, the manager or management company, or the members of the association.
WLPP Welcomes Douglas Stallworthy
Winzenburg, Leff, Purvis & Payne, LLP, is pleased to announce that Doug Stallworthy will join the firm on February 10, 2014. Doug previously focused his practice on real estate, commercial leasing, corporate law, civil litigation, community associations, and employment law. At Winzenburg, Doug will focus on the transactional and business needs of community associations throughout
Be Careful What Your Neighbors Surf For…
As community association attorneys, we are experienced in negotiating contracts with broadband service providers for our clients. These contracts allow the provider to enter a condominium’s common areas to install wiring and provide service to the individual units, as well as to undertake other activities related to these services. As a content creator, I value my intellectual property rights. As a computer geek who went to college in the time of Napster, I understand the inevitability of file sharing. I recently read this article discussing copyright protection activity by broadband service providers and thought, "Wow, I’m going to have a lot of work to do in a few years."
The article discusses the voluntary actions being taken by many large broadband service providers to discourage inappropriate file sharing and other copyright violations. It noted that many condominiums share internet service by a single central connection. This could mean that one flagrant violator with a habit of frequenting shady torrent sites could cause the internet for an entire condominium to be throttled back or even terminated.
Thank You!
As we head into the Thanksgiving holiday weekend, all of us here at Winzenburg, Leff, Purvis & Payne want to express our THANKS TO:
- our CLIENTS for allowing us to assist with legal matters and help strengthen their communities through good governance practices, sound decision-making, and recuperation of delinquent assessments
- the COMMUNITY MANAGERS who lend
Atypical associations are subject to CCIOA too!
I spent the last ten days in upstate New York, fishing, eating good food, drinking bad beer, and spending time with family and friends. I’m fortunate that I married into a family with a cottage on a good-sized lake near Canada. The walleye, crappie, pike, and bass were out in full force, and when they weren’t biting, I was tubing and swimming, trying to forget the teeth of the fish I’d caught earlier that day.
So…What Brings You Here?
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.
New Lending Rules Continued – HUD Requirements
You will remember from a recent posting that we discussed the new Fannie Mae guidelines, and the anticipated HUD regulations. As noted, HUD did in fact adopt new temporary regulations that went into effect on December 7, 2009, and remain effective until December 31, 2010, at which time the new permanent HUD regulations will become effective. The new HUD temporary regulations are found in HUD Mortgagee Letter 2009-46 A, and can be found here. The new HUD permanent regulations are found in HUD Mortgagee Letter 2009-46 B, and can be found here. It is important to note that condominium projects under developer control and under construction or being converted have different standards. This posting does not address those standards.
New Lending Rules – Fannie Mae and HUD
The fallout from our current economic crisis is hitting all of us, sometimes in ways we least expect. While many homeowners are struggling to hold onto their homes, many are faced with the prospect of having to sell. In the present economy, that is difficult enough. However, for those whose homes are condominiums, Fannie Mae has implemented new guidelines that can make it more difficult than previously to complete a sale. HUD has adopted similar new temporary regulations which went into effect on December 7, 2009 and remain effective until December 31. 2010, at which time more restrictive permanent regulations become effective.
Who is Responsible for Assessments
We have received many questions regarding when a homeowner’s obligation to pay assessments terminates as a result of being in or having completed a divorce, bankruptcy or foreclosure proceeding. The quick answer is that an owner is responsible for all assessments for as long as he or she is an owner as evidenced by a recorded document, a deed. For purposes of discussion it does not matter what type of deed is recorded to prove ownership or how the party came into ownership. Also, this article will only deal with collection cases, not lawsuits for foreclosure or receiverships.