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Sitting in the “hot seat” for the first time can be a stressful and intimidating experience and especially so if there is significant money on the line. As a seasoned litigator, I have deposed more witnesses than I’d like to admit and have seen many witnesses struggle under the pressure (good for my client, bad for the other side). However, with the right preparation and mindset, you can make the process go more smoothly and avoid making costly mistakes. So, if you are a property manager or community association Board member who is going to be deposed as a witness for your community association’s transition or other pending litigation, check out the below tips on how to be the best witness you can be. And remember…breath.…

Continue Reading So You’re Going to Get Deposed? Essential Tips for the New Deponent

Transition from developer to unit-owner control of a residential community association generally unfolds in one of two ways. In many instances, the “Transition” process is uneventful – there are no major design or construction defects and the sponsor/developer works with the association board to amicably resolve all outstanding matters such as completing punch-list construction items, making sure the association’s reserves and other accounting matters are complete, release of bonds, etc.

While a peaceful Transition is often accomplished between a unit-owner board and sponsor/developer, there are unfortunately some instances when Transition is not so easy and litigation ensues.

Typically, Transition litigation arises when there are major design/construction defects which are too costly for the sponsor/developer and the contractors to voluntarily repair. When Transition litigation becomes inevitable, the following are three important steps a board can take to minimize costs and maximize potential recovery:…

Continue Reading Navigating the Transition Litigation Process to Minimize Costs and Maximize Potential Recovery