At a meeting of homeowners and tenants of Villa Lago at Renaissance Commons, Gary Mason announced that the remediation of Chinese drywall units at Renaissance Commons would begin November 1. “The project will start with about 30 units on the top floor,” said Mason, “and will continue floor by floor for the next 12 months.”…
Gary E. Mason and Daniel K. Bryson will speak at HarrisMartin’s Chinese Drywall Litigation Conference, October 20-21, 2011 at the Fountainebleau in Miami Beach, Florida. They will be discussing issues related to representing and litigating condominiums and multi-family projects.
Your options for resolving most HOA disputes are limited to the following: 1 Rally together with other homeowners and try to replace the Board. That means you must be willing to serve as a volunteer to help improve the community. But depending on the Association, it can be extremely challenging or next to impossible to replace some rogue boards hell-bent on power. 2 Swallow your pride, and comply with the HOA Board’s demands, in the hopes that they leave you alone. 3 Put your home on the market, sell, and get out. Or, conversely, move out and lease your home, although leasing may not be possible if the association restricts rentals. 4 If the issue is truly important or unavoidable, you many decide to take legal action to protect your rights. But be aware of all your options and the challenge of finding a homeowner/consumer-friendly attorney. Understand that HOA lawsuits are stressful and the outcome is uncertain.
As a service to readers, Independent American Communities provides the following list for information and educational purposes only. Some of the experts listed below are attorneys. Consumers are advised to use good judgment and discretion when selecting legal representation.
John Cowherd represents homeowners and business owners in matters related to real estate and community association disputes. Cowherd emphasizes the importance of Common Law, Constitutional property rights, and a thorough review of the rule of law, offering practical solutions and encouragement for property owners stuck in disputes with their HOAs. He also maintains a blog covering a variety of topics and case law relevant to real estate, homeownership, small business ownership, and HOA-governance.
Read about the Pros and Cons of arbitration. Contrary to what you may have been told, arbitration can be just as costly as litigation. It may lead to a quicker resolution, but the homeowner can get stuck with a bad decision that cannot be overturned by the courts.
Brian DeHem is a business services and tactical litigation attorney , serving the Indianapolis area. DeHem believes that HOAs are business entities that are often mismanaged. He represents homeowners asserting or defending their rights in HOA-governed communities .
According to his legal profile, “ Jonathan [Dessaules] is one of the few lawyers in Arizona who represent the homeowners in the HOA disputes and has devoted a substantial part of his practice to the exclusive representation of owners.”
Peter Kovacs, Attorney (Indiana) Peter Kovacs is a sole practitioner based in Fishers. He focuses on serving individuals, small businesses, and not-for-profit organizations, including representation of homeowners in HOA-related disputes.
While the owner bears the financial risk of the hotel’s success or failure and its gain or loss in value, the operator has the exclusive right to manage the owner’s business and is paid “off the top” whether the hotel is profitable or not. The contract between the owner and operator — the hotel management agreement — typically transfers control of the hotel’s assets to the operator.
The Marriott International v Eden Roc decision establishes that an aggrieved hotel owner can get rid of an operator despite the terms of a long-term, no-cut hotel management agreement that may run for 50 years or more.
On March 30, 2012, Key International, the owner of the 631-room Eden Roc hotel in Miami Beach, terminated Marriott as the hotel’s operator “…following years of mismanagement of the property and a failure to maximize the Eden Roc brand,” according to its news release. But Marriott refused to acknowledge the termination or vacate the hotel.
The contract between the owner and operator — the hotel management agreement — typically transfers control of the hotel’s assets to the operator. Hotel owners nationwide are keenly aware of both the benefits and impediments of long term hotel management agreements with branded operators (and nearly all such contracts are long term, ...
In Marriott International v Eden Roc, a unanimous panel of the Appellate Division, First Department of New York agreed that the hotel management contract “is a classic example of a personal services contract that may not be enforced by injunction.”