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Community Associations Archives

Community Associations - Service of Process

I recently came across the case of FREMONT REORGANIZING CORPORATION F/K/A FREMONT INVESTMENT & LOAN D/B/A FREMONT INVESTMENT AND LOAN v. THE GRAND CONDOMINIUM ASSOCIATION, INC., which highlights the importance of proper service of process. Specifically, the appellate court affirmed that the trial court properly vacated the default and default final foreclosure judgment after finding that the foreclosure judgment was void because the owner had not been properly served with the foreclosure complaint. However, the appellate court found that the trial court erred in refusing to vacate the subsequent sheriff's deed and sheriff's sale. The sheriff's deed, and resulting sheriff's sale, were both based upon the void final judgment of foreclosure, which was itself based upon the void default. Ultimately, the appellate court held that once the trial court concluded that the underlying foreclosure judgment was void, it had no choice but to finish the job and vacate the subsequent transactions predicated solely upon the "void" decree. The full text of the case is copied below.

Community Associations- Watch for 2016 Bills

There are three separate bills that I would like to highlight: HB 667, HB 653, and HB 7031. These bills may have a significant impact on community associations. The 2016 Legislative Session begins next week on January 12, 2016.

Drones, Community Associations, and the New Law

The issue of drones has become an increasing concern for many community associations. Back when many community associations were drafting their governing documents, the idea of drones or drafting provisions regulating them was an unthinkable idea, but not anymore. Now, community associations are realizing that they need to plan on how the use of drones will be regulated within their specific communities.

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