A Line in the Sand: Embracing Bright Line Rules
In sports like tennis, the boundaries are set by a bright line. If the ball lands on one side of the line, […]
Tag: Governance
Adverse Possession: Is it Real and How does it Work?
Amateur lawyers often talk or ask about adverse possession; they are almost as frequently wrong about it. Simply put, in Maryland, adverse […]
Case Law Breakdown: Due Process in DC Condos
A violation of the condo bylaws occurs. The first question from the board and management is: how do we enforce it? That […]
Case Law Breakdown: The Interested Director in Maryland
Background: The Business Judgment Rule The opinion issued by the Maryland Court of Special Appeals recently in the case of Cherington Condominium […]
The Business Judgment Rule: A Primer
Background: The Business Judgment Rule At its core, and applied to community associations, the business judgment rule is a common law principle, […]
FLS Friday Forum: Assessment Minimums and Maximums
FLS Friday Forum is a free write-in column authored by Brian R. Fellner on topics of law affecting community associations. To submit a question, email […]
Saying “I Don’t Know”
Expertise In our society today, we have a tendency to strive for the status of “expert.” Perhaps driven by combination of a […]
Navigating the Dreaded Assessment Increase
Well, it happened again. I was on the phone today with a very nice woman who had fallen behind on her condominium […]
Case Law Breakdown: Right to Assign Parking in the District of Columbia
Association boards (and owners) often ask what the law is in a certain situation. They want to know: “Is this legal?” For […]
Comparative Hardship in Covenant Disputes
In court, disputes over covenants in HOAs and condos are typically governed by the rules of equity. What this means is that […]