Let’s face it, we do almost everything online – from shopping to paying bills. Following that trend, many community associations also conduct a lot of activity through a website, including; paying assessments, advertising sales or rentals, or posting documents, notices, minutes, and social calendars for members to easily access. In fact, the Florida legislature passed […]
Insider Real Estate and Community Association Law Update (FL)
The Grand is a mixed-use condominium that has been the subject of a number of important appellate decisions involving Florida condominium law including United Grand Condo. Owners, Inc. v. Grand Condo. Ass’n, 929 So. 2d 24 (Fla. 3d DCA 2006), Grand Condo. Ass’n v. Cohn, 970 So. 2d 365 (Fla. 3d DCA 2007), and Cohn […]
Combating Serial Bankruptcy Filings
Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association to incur additional costs and increases the amount of debt owed while the debtor continues to live on the property without paying the Association. Read […]
Washington Court Upholds Process Service of Owner by Publication
In a recent unpublished opinion, the Washington Court of Appeals decided that a condominium association was entitled to serve an owner with a lawsuit by publication. Read the article………………………….
Condo Foreclosure Buyer Snoozes and Loses – Board gets to Keep Deposit (NY)
This is a classic story of “you snooze, you lose”. A Brooklyn condo board at 442 St. Marks Avenue Condominium fought hard to collect over $88,000 in arrears from a unit owner. In the end, after a long fight, the board gets to keep $49,000 in a good faith deposit by a purchaser at the […]
Fort Lauderdale had right to say no to 21-story tower, court says (FL)
Three men stood in the way of a controversial 21-story tower slated to replace a three-story condo near the U.S. 1 tunnel in downtown Fort Lauderdale. And their rejection of that 800-unit tower, proposed for the south side of the New River just west of the tunnel, got the city sued. Read the article…………………………..
Ridgway Lane father, son put homes up for sale amid HOA embezzlement investigations (MS)
A father and son, accused in multiple homeowner association embezzlement lawsuits, transferred the deed of a home to a spouse and put two homes up for sale amid an escalating investigation into their finances. The attorneys for four homeowners associations on Friday said David L. Lane and his son, David W. Lane, violated a court […]
Board Members Stuck in Lawsuit Individually – Business Judgment Rule Doesn’t get them out on Summary Judgment (NY)
Whenever cooperative, condominium or HOA board members are sued individually in a lawsuit, the first thing counsel will try to do is get the case dismissed against the individuals. The general principle is that if the board members did not commit tortious acts independent of their decision making as board members, then they shouldn’t be […]
Defaulted Mortgagee Saved By Distinction Between Note and Mortgage Claims (OH)
Previously, I wrote blog posts on planning commercial litigation and the considerations involved in voluntarily bringing claims in one lawsuit as a plaintiff. See Planning Commercial Collection Litigation: A Primer and Joinder of Claims in Commercial Foreclosure Litigation is a Choice. The lessons of those posts were applied to save a mortgage lender in Villas […]
Second District Affirms $67,458.07 Attorneys’ Fees Awarded To Prevailing Defendant On Remand (CA)
We first discussed our next case – Durack v. Wang, Case No. B293597 (2d Dist., Div. 7 November 18, 2019) (unpublished) – in a September 27, 2017 post. In that appeal, Wang, who prevailed on demurrer against most of plaintiffs’ causes of action – with the remaining causes of action voluntarily dismissed by plaintiffs – […]
7th Circuit: State Farm estimate $89K lower than final award not proof of bad faith (IN)
An initial State Farm residential estimate more than $14,000 below the company’s independent appraiser’s and nearly $89,000 below the final umpire award wasn’t proof of bad faith, the Seventh Circuit U.S. Court of Appeals ruled earlier this month. “At best, it may suggest that State Farm’s first inspection was inadequate,” Circuit Judge Amy St. Eve […]
Your Tenant’s Water Leak Damaged My Unit – Now Pay Up – 4th DCA Says Otherwise (FL)
In Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849 (Fla. 4th DCA 2019) the Court held Section 718.111(11)(j), Florida Statutes, does not provide a private cause of action against condominium unit owners for the alleged negligence of the unit’s tenants. The decision underscores the complicated nature of Section 718.111(11), Florida Statutes, […]
NY’s First Department Walks Back Pomerance Condo Document Inspection Rights a Little Bit
New York’s Appellate Division, First Department (which covers the Manhattan and Bronx) just decided a case by a unit owner seeking to inspect certain condominium records. In Frankel v. Board of Managers of the Central Park West Condominium, the Court just decided on November 14, 2019, that dismissal of the plaintiff unit owner’s claim seeking […]
New Roofs Must Now Be Green or Solar or Both (NY)
Local Laws 92 and 94, part of the Climate Mobilization Act, go into effect on Nov. 15. They require that all newly constructed buildings and all buildings undergoing a complete roof replacement must have a “sustainable roofing zone” covering the entire roof surface. A “sustainable roofing zone” is defined as a solar photovoltaic electricity-generating system, […]
Smugglers’ Notch Resort Settles Class Action Lawsuit With Its Homeowners (VT)
Smugglers’ Notch Resort has agreed to settle a class action lawsuit that alleged it was overcharging homeowners for routine property maintenance. A Vermont Superior Court judge on Tuesday approved a settlement that calls for Smuggs to change how it charges homeowners at the resort for services such as landscaping, snowplowing and security along its roads […]
Droning On and On…Should Associations Use Them to Catch Violators in the Act? (CA)
Serial dog poop litterers, unauthorized parking of vehicles, architectural violations, smoking nuisance—the list goes on and on when it comes to common “repeat violations” that a homeowners association (“HOA”) encounters on a day-to-day basis. With the increasing number of repeat violations and limited number of HOA board members and property managers, questions have surfaced whether […]
5 feet or 10 feet, Which Is It? The Confusion Within The New Jersey Fire Code Regarding Portable Propane BBQ Grills
Everyone enjoys a good BBQ, and making sure they are safe should be a priority for any board in a community association. In the mid 2000’s, community associations throughout New Jersey saw a flurry of rule adoptions to comply with the New Jersey Fire Code at the time, which generally prohibited portable propane BBQ grills […]
Condo complex loses 7th Circuit appeal in hail damage dispute (IN)
An Indianapolis condo complex cannot seek more than $1 million in damages on a loan it took out to replace the shingles on its buildings, the 7th Circuit Court of Appeals ruled Friday. A storm that passed over the Villas at Winding Ridge condominium complex in 2013 resulted in minor hail damage, but the damage […]
Disclosure Law Now Exempts Condo Owners (NY)
There’s a new twist in the real estate law that required LLCs to list the names and addresses of all individuals with ownership interests. Condo owners are no longer included in the law – the law only applies to one- to four-family homes. Read the article………………………….
Uniformity in jeopardy: League City’s building codes pre-empted by new state law (TX)
According to the Texas Municipal League, private deed restrictions and homeowners association rules will remain intact despite the new law. These are two ways cities can attempt to continue to restrict what materials can be used to construct buildings, HooverRead the article…………………………… said.
Deck Police – The New Mandate for HOA’s Takes Safety to the Next Level (CA)
A recent California law will hold homeowners’ associations accountable for the safety of their decks. SB326 now mandates all homeowners’ associations to have decks inspected at least once every nine years by an architect or structural engineer to determine whether the decks are safe and waterproof. This law (Civil Code section 5551) follows SB721 which […]
Court slaps down South End garage owner’s legal complaints about neighboring condo building (MA)
The Supreme Judicial Court today told the owner of a garage that wraps around a condo building at 477 Harrison Ave. to knock it off with retaliatory legal filings over the building’s construction. Garage owner Arthur Leon and developer Holland Development have been battling in court and before the Boston zoning board since 2012, not […]
HOA Homefront: Election processes get a lot more difficult in 2020 (CA)
An extensive overhaul of HOA election procedures takes effect in 2020 after the passage of Senate Bill 323. Here is a recap of the many changes: The law at Civil Code 5100(g) will finally allow votes by acclamation when, at the close of nominations, there are not more candidates than open seats. Unfortunately, it only […]
Lakewood’s Enclave homeowners association ordered to pay Orthodox Jewish plaintiffs $86,000 for lawyer bills (NJ)
The Enclave at the Fairways Homeowners Association must pay some $86,000 in legal fees incurred by Orthodox Jewish residents who sued the organization for religious discrimination in a 2017 case. Read the article…………………………
Co-ops Seeking Protection From the Tenant Protection Act (NY)
Two bills have been introduced in the state Legislature to carve co-ops out of the Housing Stability and Tenant Protection Act. The intention of the act, which was signed into law by Gov. Andrew Cuomo on June 14, 2019, was to provide protections to the millions of tenants in rental properties in the state of […]
Why Am I Being Deposed? Unit Owner Depositions in Transition Litigations – a Primer (NJ)
The unit owners in your condominium have been noticed for deposition in the pending transition litigation. Now they have come to you, the property management team, with questions. What should they expect at the deposition? What kinds of questions can they be asked? Did they do something wrong? Will they have to testify at trial? […]
The Evolving Landscape of Sex Discrimination in Housing
On its face, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission is a discrimination claim solely relegated to the employment world; however, the United States Supreme Court’s decision on whether sex discrimination includes a person’s transgender or transitioning status and a person’s refusal to conform to sex-based stereotypes will also impact […]
Is a Construction Defect Plaintiff Entitled to Prejudgment Interest for Unrepaired Defects? (FL)
Prejudgment interest is a type of compensation payable to the plaintiff from the time the cause of action accrues until the time of the final judgment. Under Florida law, prejudgment interest is merely another element of pecuniary damages that is intended to make the prevailing party whole from the date of loss, once a finder […]
No Diving: What You and Your Property Manager Should Know Could Hurt You (FL)
In an unpublished opinion from the 11th Circuit Court of Appeals, a three-judge panel unanimously reversed summary judgment which had been entered in favor of a property management company — Paradise Beach Homes (“PBH”) — in a premises liability suit which alleged PBH failed to warn guests about the danger of diving off the pier […]
‘Right to dry’ law would protect clotheslines (MA)
Hanging out the wash used to be a regular chore, whether strung on a line across a backyard or back alley, until the advent of gas and electric dryers made it unnecessary. Then local codes and condo rules came along and stopped anyone thinking of stringing up their shirts, pants and underwear in their tracks. […]
Condominium Mechanic’s Liens
Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium. Read the article……………………….
Developer Can Use Working Fund Contributions to Offset its Financial Obligations to a Homeowner Association (FL)
It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations. The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments. In a recent opinion, […]
‘Elevated elements’ must be inspected under new law (CA)
A balcony collapsed in Berkeley in 2015, causing six deaths and injuring seven. Consequently, Senate Bill (SB) 721 passed in 2018 and took effect in 2019, creating Health and Safety Code 17973. This law now requires inspection of elevated balconies, stairways, walkways, and other “exterior elevated elements” every six years. The new law exempts Davis-Stirling […]
Recent Changes to Co-op & Condo Laws: Managing the Impact on Your Community (NY)
This past June, the New York State Legislature and Governor enacted into law a sweeping overhaul of landlord-tenant relations throughout the State; just a few days later, these same powers enacted amendments to those amendments. While relatively few of the 74 pages of densely-written text directly affect cooperatives and condominiums, boards and managers should be […]
How to Protect Your Community Association from a Lawsuit
Facing litigation from an HOA member is something all board of directors must take seriously. From pet issues to issues involving discrimination, knowing how to handle the situation is best left to a qualified attorney and a professional community association management team. Navigating real estate and other types of associated laws is something most volunteer […]
SB 323 Signed! The New State of HOA Election Laws (CA)
Governor Newsom recently signed into law Senate Bill 323 (“SB 323“). SB 323 makes substantive modifications to the Civil Code’s provisions governing HOA elections, effective January 1, 2020. Some of the more significant modifications require associations to amend their election rules to conform to new statutory requirements, limit the types of candidate qualifications an association […]
Can a Homeowner’s Association That Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL)
The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the association was […]
Pro se litigant’s bid to elude HOA fees after tax sale fails on appeal (IN)
A man who bought Morgan County properties at a tax sale that were subject to a homeowners association failed to convince the Indiana Court of Appeals on Tuesday that he was wrongly ordered to pay delinquent association dues. Read the article……………………….
Say What?
In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor. Read the article………………………
State Law page back
Sometime in the recent past, the page with all of the various state laws regarding condo’s and HOA’s diappeared off the site. I probably deleted it accidentally, but I like to blame outside forces beyond my control for it going away. However, the page is back and updated.
Many new laws will affect HOAs in 2020 (CA)
In recent weeks Gov. Gavin Newsom signed many bills into law that will affect California HOAs in 2020. Upcoming columns will discuss these new laws in more detail, but here are the items that homeowners associations may wish to know and start preparing for with the coming new year. Read the article………………………………..
Emerging Issues in Planned Community and Condominium Disputes (PA)
From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court,1 Pennsylvania has seen a growing trend in litigation involving unit owners’ associations established under the Pennsylvania Uniform Planned Community Act 2 (the PC Act) and the Pennsylvania Uniform Condominium Act3 (the Condo Act). […]
Reversal: Small claims courts cannot order mediation, ADR (IN)
Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that a judge had dismissed after litigants refused to participate in court-ordered mediation. Read the article………………………..
Short-Term Rentals (ban) Ruled Illegal in Miami Beach, Now What? (FL)
Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict […]
The ABC’s of DRV’s in Texas
Author’s Note and Disclaimer: This article discusses Texas Property Owners Association (“POA”) Law and pertains to single family residential POA’s in Texas only. Even though a man’s home is his castle, he is still obligated to abide by deed restrictions if that home is in a common interest development encumbered by restrictive covenants. Read the […]
SB 326 Signed! Balconies, Branches, and Builder Defect Actions (CA)
Senate Bill 326 (“SB 326”) was recently enacted by the California Legislature and will take effect January 1, 2020. The bill accomplishes 3 main objectives: 1) it requires associations to conduct mandatory inspections for exterior elevated elements, such as decks, balconies, and walkways; Read the article…………………………
NJ Legislative Action Committee Highlight: Two Foreclosure Reform Bills Become Law
New Jersey Governor Phil Murphy recently signed two foreclosure reform bills into law, designed to shorten the time a house sits vacant so the property’s exterior doesn’t become unsightly and unsafe. These laws are part of a larger package of legislation addressing the foreclosure crisis in New Jersey created to help homeowners keep their homes. […]
What About the Children? HOA Age Restrictions and FHA Proscriptions
Restrictive covenants in homeowners’ associations are not unusual—nearly every community has them. For homeowners, the restrictions are something of a trade-off. You accept a limitation on how you can use your property because, if everyone else in the community does, too, the neighborhood as a whole will be better off. ‘If we all agree to […]
Plaintiff Owner/Developer’s Award Of $1,673,691 In Damages and Entire Fee Request Upheld On Appeal (CA)
In Millennium-Diamond Road Partners v. Diamond Bar etc., Case No. B285539 (2nd Dist., Div. 3 Sept. 24, 2019) (unpublished), Owner/Developer Millennium sued HOA when it revoked Millennium’s access to undeveloped parcels of land Millennium had purchased for the purpose of developing residential properties. The undeveloped parcels of land were landlocked and adjacent to a guard-gated […]