"The Right Way to Correct Wrongs" - A Preview
The Washington State Chapter of CAI is hosting “Law Day” this Saturday – and we hope you can make it!
In the morning session, my Partner Dan Zimberoff is co-presenting with Jim Talaga (Association Reserves) on the topic, “Navigating the Minefield of Association Disclosures.” In a parallel time-slot, Partner Jeremy Stilwell will present “Basic Training for New Board Members” and a legislative update. In the plenary session prior to lunch, Jeremy will be updating everyone in attendance on current and planned legislative action as well.
Following lunch, Barker Martin general counsel David Goldstein, and I will be speaking on “Enforcement Actions: the Right Way to Correct Wrongs.” The following is a brief preview – I hope you can join us at the Lynnwood Convention Center from 8:00 a.m. to 3:30 p.m. for the full presentation.
The “Right Way” to correct wrongs isn’t about one particular enforcement procedure. Instead, the “Right Way” refers to best practices that are grounded in specific authority, reasonable in nature, and satisfy the basic tenets of due process. If an Association’s rules and its procedures meet these three basic criteria, then they should withstand scrutiny by the courts (if it should ever have to get that far). More importantly, however, following these basic principles lends a basic credibility to the enforcement process, which can fend off lawsuits – and which is generally in the best interests of the Association.
David and I will be discussing this basic concept in more detail, as well as the nuts and bolts of enforcement actions, which includes everything from establishing good rules and enforcement policies to how to coordinate complaints, draft effective notice letters, and how to avoid getting pulled into neighbor disputes.
On another note, next Saturday, the Oregon Chapter of CAI will be hosting ‘Community Association (CA) Day.’ Our email next week will discuss one of the topics our attorneys will be presenting at that event...so, stay tuned!
I hope to see you at both events!
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