Fiduciary Duty of Homeowners Association Board Members

Posted on 09. Aug, 2010 by briankoeberle.

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Many homeowners today are living in either planned communities or condominiums governed by homeowners associations (”HOA”).  And some of these homeowners end up serving on the board of the HOA without any understanding of their fiduciary duty to the other homeowners.  In short, a board member has a fiduciary duty of undivided loyalty to the [...]

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Celebrity Endorsements Still Work!

Posted on 22. Jun, 2010 by briankoeberle.

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In the wake of the Tiger Woods and Ben Roethlisberger scandals, some corporate marketers may be shying away from using a celebrity as a spokesperson for their product or service.  They may view the risk of some untoward actions off the field as too great to offset any goodwill generated by a celebrity endorsement.  But [...]

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Resale of Units in Planned Communities

Posted on 28. Apr, 2010 by briankoeberle.

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Many homeowners in Pennsylvania today are living in either planned communities or condominiums subject to either the Uniform Planned Community Act (”UPCA”) or Uniform Condominium Act (”UCA”).  Prior to selling their home, such homeowners are required to furnish to the purchaser, prior to execution of a sales agreement, a copy of the declaration, the bylaws [...]

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The Elements of a Valid Will!

Posted on 22. Feb, 2010 by briankoeberle.

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Recently a dear friend of mine passed away.  It was later discovered that in her final days she attempted to hand-write a “will” on a piece of paper.  Unfortunately, the document she wrote lacked many of what are considered to be the essential elements of a valid will.  As a result, the validity of the [...]

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Choice of Business Entity

Posted on 02. Dec, 2009 by briankoeberle.

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In this economic downturn, many people who have been downsized have been bit by the entreprenurial bug and are contemplating starting a business.  What legal structure the business will have is an important first step in launching the new venture.  By default, a new company is a sole proprietorship or partnership unless a different busines entity is created.  [...]

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Cram-downs and the Hanging Paragraph

Posted on 17. Nov, 2009 by emmettjones.

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One of the largest advantages of a Chapter 13 bankruptcy is that you are able to “cram-down” the value of your car in bankruptcy, assuming you meet the correct criteria.  The criteria itself?  It’s found in the “hanging paragraph” of the bankruptcy code.  Section 1325(a)(*) of the bankruptcy code is dubbed as the hanging paragraph [...]

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Bankruptcy: Discharge versus Dismissal

Posted on 16. Nov, 2009 by emmettjones.

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Bankruptcy cases usually end one of two ways.  Debtors either receive a discharge, or they receive a dismissal.
So…which one is good and which one is unwanted?
A discharge in bankruptcy occurs at the end/completion of your bankruptcy proceedings.  It is the bankruptcy discharge that takes away your obligation to pay back outstanding debts as a debtor, [...]

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Reflections on our Founding Fathers

Posted on 27. Oct, 2009 by briankoeberle.

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A recent trip to Washington, DC has me reflecting on the wisdom of our founding fathers. As we toured the World War II, Korean, and Vietnam war memorials, I was reminded of John Adams’ quote that “great is the guilt of an unnecessary war.” Surely most Americans would agree that World War II [...]

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The Case of the “Famous Chicken”: Pay Attention at Baseball Games!

Posted on 21. Sep, 2009 by briankoeberle.

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It has been a long-standing doctrine in sports law that spectators at a baseball game assume the risk of potentially getting hit by foul balls. The application of the assumption of risk doctrine thereby serves as a complete bar to recovery for damages caused by a foul ball. This doctrine has even been extended to [...]

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Homeowners Associations Have the Upper Hand!

Posted on 01. Sep, 2009 by briankoeberle.

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Mad at your homeowners association? Considering not paying your annual assessment pending resolution of the dispute? You might want to think twice. Homeowners Associations (HOA’s) have gained a lot of power under Pennsylvania Law in the past decade or so. Since the adoption of the Uniform Planned Community Act (UPCA) in 1997, Pennsylvania law now [...]

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