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Editor’s note: this week’s guest columnist is Eric Boucher, a consultant who specializes in assisting condominiums in navigating the FHA and VA mortgage approval process. His website is and he can be reached at

If your HOA board is misbehaving, there are many steps you can take

Note: This week’s column is by Florida condo and HOA attorney Donna DiMaggio Berger. She is a frequent speaker and writer on HOA law, and her blog can be found at

HOA boards often must cope with adverse behaviors from mild covenant violations to intentional property damage to criminal activity.

The president of our HOA board and others have profited from their knowledge of the delinquencies by buying lots for low prices without notice to other HOA members who might buy these lots. Is that

COAs and HOAs should understand that the law imposes time limits on their ability to sue the developer, architect, contractor, or subcontractors responsible for construction defects.

Note: This column is by colleague Gregory L. Shelton, who practices construction law at Horack, Talley, Pharr & Lowndes, P.A. This is part one in a two-part series about condominium construction defects. This first part describes common defects and their consequences. In part two, we’ll explain how legal time limits can prevent the association or its owners from suing the parties responsible for defective construction.

What to do when an an HOA architectural committee rejects your house plans

Q: My homeowners’ association (HOA) maintains a community-wide irrigation system in our neighborhood. The community’s restrictive covenants state that if an individual homeowner damages the system, he will be liable for the cost of repairs. The irrigation system is over 20 years old and there have been many repairs and upgrades to the system as a result of leaks. Recently one of the underground lines ruptured and flooded my basement. The HOA claims it’s not responsible for paying for the damage to my basement because the casualty wasn’t the result of its negligent or intentional conduct. Can you clarify why the HOA isn’t responsible for damage done by an irrigation system that it is required to maintain?

Q: Our board is foreclosing on a condominium unit within our homeowners’ association. One of the board members is considering bidding on the unit when it goes for public sale at the courthouse. Is it considered a conflict of interest for a board member to profit from a foreclosure decision that he was a part of?

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Michael Hunter
Charlotte attorney Michael Hunter focuses on community and condominium association law for the firm of Horack Talley. E-mail questions.