by David P. Weiss | Apr 30, 2018 | Homeowner Associations, Real Estate Law
Far too frequently, the explanation for an action taken by a condominium or subdivision association’s directors, trustees or managers that, on its face, is obviously contrary to the association’s declaration, indenture, articles of incorporation, bylaws or...
by David P. Weiss | Sep 29, 2017 | Corporate Law, Homeowner Associations, Real Estate Law
In a decision handed down less than two weeks ago by the Missouri Court of Appeals, the court was confronted with a case involving the proper method for calculating a maximum annual assessment by the subdivision’s board of directors absent a vote of the...
by David P. Weiss | Jul 27, 2017 | Corporate Law, Homeowner Associations
Frequently, when something novel is proposed to a condominium or subdivision association, or when an issue seems to dog an association, the board looks to approve a committee to study the issue, suggest options and report back to the board at some point in time. We’ve...
by David P. Weiss | Jan 11, 2017 | Corporate Law, Small Business Law
In a 2016 action brought under the Federal Trade Commission (“FTC”) Act, the U.S. Ninth Circuit Court of Appeals was faced with a situation wherein a company offering a “free” online service included in the very fine print a negative option to...
by David P. Weiss | Aug 16, 2016 | Contract Law, Homeowner Associations, Real Estate Law
The Missouri Court of Appeals recently addressed a condominium declaration’s provision that purportedly obligated a successor-in-interest to a unit to remain liable for the prior owner’s unpaid condominium assessments. In that case, the condominium association...
