Hello, and welcome to the inaugural issue of NowackHoward’s quarterly eNewsletter, Community Advisor. To many of you, that name will look familiar. As you may know, the entire Community Association practice of WNCW –all 18 of us!– has now been reconstituted as NowackHoward, LLC, a new and independent law firm where we will continue serving the specific legal needs of community associations. For more details on our founding, please see our press release of October 3rd here or visit our new website: www.NowackHoward.com.
In addition to the newsletter name and our experienced staff, we have also retained an approach unique in our field; first and foremost we are focused on providing the advice and counsel to forestall conflicts and prevent missteps. We have always believed that when problems can be avoided, through education and prudent actions, everyone involved is well-served.
As for what’s new and different, we intend this newsletter to be a more practical, day-to-day tool for you. We will keep you informed of legislation (pending and enacted) as well as industry trends that may directly affect your association. We will provide you with links to resources and insights by our staff that will keep you informed of changes in this important and very rapidly-evolving field.
Finally, I want to extend an invitation to each of you to let us know how we can serve you better and inform you more fully. If there are topics you would like to see explored here, please let us know at ClientServices@NowackHoward.com.
All that said, there is one thing that will never change; NowackHoward, LLC will always strive to be The Counsel Every Community Needs.
Everything You Wanted to Know About Fines… And More
An association that has the authority to levy fines must ensure that it is acting within its authority and that it follows all procedures required by its governing documents. This article will explore the steps that your Association should follow in order to levy legally enforceable fines.
Planning on attending a meeting at your community association? Be prepared to be assaulted by the indiscriminate dropping of the “f” bomb. Normally mild mannered members lose their filters. Without hesitation or embarrassment “fiduciary this” and “fiduciary that” rolls of their tongues like water off of the back of a duck. You get the impression that when Board members make decisions, they are fiduciaried if they do and fiduciaried if they don’t.
Architectural Precedents: How to Deal Rationally and Effectively with Your Community’s Architectural Precedents
Architectural precedents challenge even the most diligent boards of directors. Architectural precedents are architectural conditions that have been approved, either expressly or by default, by a community’s developer or the board. In many cases, these precedents are binding on the association even when the conditions violate the association’s covenants or are unwanted in the community.