Taking Over From the Developer: How Can an Association Take Control?

By Henry A. Goodman, Esq. 

I was recently asked to speak to an ad hoc committee of unit owners on the subject of what an association should do when an independent board takes over from the developer/declarant of a condominium.  Based on recent changes in the way the law is interpreted, this issue is important to the wider condominium community, and I thought it would be timely to share my thoughts with you.

The transition from developer to independent board elected by unit owners is not to be taken lightly, as there are many hidden issues.  But before we discuss these issues in light of the evolving state of the law, it is important to review basic principles that have not changed: (more…)

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Condo Media December 2012

Forest Product Materials
Otherwise Known as Mulch  

By Henry A. Goodman, Esq.

I live in a condominium. I have lived in condominiums for more than 30 years. This year, for the first time, I along with all my fellow unit owners received an advisory from our board that we were expected to keep the mulch around our
units moist. The reason given was that an area of mulch around a rock in the common area burst into flames. I thought that must be because the board “cheaped out” and purchased inferior mulch. To me, mulch bursting into flames was unheard of. Further, it is not the unit owners’ job to water the mulch. (more…)

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