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All HOA and Eviction Lawyers Should Read This Case

One of the more powerful and least understood provisions of the Forcible Entry and Detainer statute allows condo associations and certain other community interest associations to evict homeowners from their units for the non-payment of assessments. The association can then

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Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction Defect Litigation

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance policies, additional coverage obstacles remain. Consider the “business risk exclusions,” for example. Those exclusions, which are found at paragraphs 5

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Diarrhea Signs (And Others) Now Required for California Condo and HOA Pools

Have you heard the latest regarding new required pool signage at California community association pools? Our attorneys have been receiving a lot of inquiries about whether a new “poop sign” is required to be posted at community associations that have

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HOA dues lost because the property was taken by eminent domain are held not to be compensable under the takings clause

When a government took 14 units from a homeowners association by eminent domain, the remaining owners lost the dues and assessments that those owners would have contributed to the homeowners association. However, the Fifth Circuit has ruled that those lost

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Iowa – Common interest redux

The common interest ownership bill may have some life left in it. Representatives Isenhart (D-Dubuque) and Highfill (R-Polk) have filed House File 122. This bill is essentially the same as the bill that the House Judiciary Committee approved in the

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Turning up the Heat on Residential Design Professionals

California’s 1st District Court of Appeal recently ruled that “design professionals” may be liable under both common law and Senate Bill No. 800 (“SB 800”) to third party purchasers for construction defects.  Read More……

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Third District Appellate Opinion May Affect Collection Strategies

In its recent opinion in the case of Aventura Management, LLC vs. Spiaggia Ocean Condominium Association, Inc., the Third District Court of Appeal may have significantly impacted the collection strategies implemented by many condominium and homeowner associations in Florida. The

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Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In the vast majority

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Proposed bill would help homeowners in gated communities

Newly introduced Pennsylvania House Bill 319 aims to give property owners better access to the records in their associations by requiring all association records, with a few exceptions, be accessible for inspection and duplication by owners.  Read More……

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The Law of Yards

Property law regimes have a significant impact on the ability of individuals to engage in freedom of expression. Some property rules advance freedom of expression, and other rules retard freedom of expression. This Article examines the inhibiting effects on expression

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Hawaii: Bill aims to ban smoking in condo, apartment units

Apartment owners who smoke may be forced to quit. Condos could soon have the power to ban smoking. It’s not just in commercial areas, but inside individual units, too.  Read More……

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How Will Laws Governing Washington Community Associations Change in 2013?

A number of bills relating to condominium and homeowners associations have already been submitted for consideration during the current session of the Washington Legislature. Three of those proposed laws merit special attention thus far.  Read More……

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Texas Bills Aim to Douse HOAs’ Limits on Xeriscaping

Last January, as the Texas drought wore on, an Austin-area homeowners association called the Woods of Brushy Creek made a big change to its landscaping policies. No longer would homeowners be required to have grass covering the entire front yard.

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Extensive Electric Car Charging Station Bill Impacting HOAs Just Introduced in the Colorado Senate

Senate Bill 13-126 (“SB 126”) was introduced by Senator Lucia Guzman today in the Colorado Senate. The bill, which is intended to provide consumers with the ability to charge electric cars in apartments, condominiums and common interest communities, is quite

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Is the Honeymoon Over for Aussie Strata Committees? (Looking at U.S. D&O claims)

Australian strata committees have enjoyed a pretty benign life for the last 50 years. They haven’t had to do too much, mostly defer to owners meetings on key decisions, rely on strata managers for most day-to-day operations and have not

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How to guarantee the HOA can’t litigate condo construction defect claims

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this.  Read More……

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Management Companies & Unpaid Assessments

There are two (2) concepts inextricably linked with unpaid assessments: (i) alternative dispute resolution (“ADR”); and, (ii) United States Fair Debt Collections Practices Act (“FDCPA”).  Read More……

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CO: Proposed Changes to Towing Regulations Could Negatively Impact HOAs

On January 25th, a Notice of Proposed Rulemaking was published by the Colorado Department of Regulatory Agencies (“DORA”) in The Colorado Register to address a wide variety of issues – including the towing of vehicles from private property.   Read More……

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Illinois Supreme Court rules subdivision police can detain drivers

The homeowners associations responsible for managing subdivisions across the state have the power to enforce their own traffic rules through a private security force, the Illinois Supreme Court ruled Friday, overturning a lower-court ruling that found they could be unlawful.

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Even Disabled Condo Owners Can Lose Amenities If They’re in Arrears

(Owner), was a delinquent owner of a unit in the Victoriana Estate Condominiums, in Voorhees Township, N.J., having failed to consistently pay assessment since November 2008. Because the condo association’s bylaws provide that the “membership rights and voting rights of

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FL: Just released 3rd DCA opinion could harm your already struggling association

A case decided today could mean financial hardship for already struggling Florida associations. The Third District Court of Appeal’s ruling in the case of Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D11-2545, January 23, 2013, underscores

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Appeals Court Revisits and Revises Economic Loss Rule for Condominiums

It is undoubtedly true, and something of an understatement, to say that ‘you don’t always get what you want’ in court decisions. It is also true that you don’t always get what you expect. A Massachusetts Appeals Court recently provided

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Common Sense and Affordable Legislative Approaches Must Be a Priority

As Chair of CAI’s Colorado Legislative Action Committee (“CLAC”) and a political junky, I avidly follow federal and state legislative and regulatory initiatives relating to HOAs. If you follow our blog, you know that on Friday Representative Su Ryden introduced

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Hurricane damage claim barred by property damage exclusion

The United States District Court for the Southern District of Florida has held that an insurer did not owe a duty to defend a lawsuit by a homeowner against a condominium association because all of the claims arose out of

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Bill Introduced in Colorado House to Broaden Authority and Responsibility of HOA Information Office

On Friday, House Bill 13-1134 (“HB 1134”) was introduced by Representative Su Ryden in the Colorado House of Representatives to broaden the authority of the HOA Information Officer and to clarify the responsibilities of the HOA Information and Resource Center.

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Indiana: Laws may toughen on HOA leaders

A story in last Sunday’s Courier & Press detailed controversy in the Stonecreek subdivision’s homeowners association in northern Vanderburgh County. The story showed how homeowners associations are governing activity in all kinds of local subdivisions and how one person —

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Maryland Senate, House reach compromise on pit bull issue

Key members of the Maryland Senate and House have reached a compromise on how to undo a Court of Appeals ruling last year that labeled pit bulls as an inherently dangerous breed.  Read More……

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Federal Appellate Ruling: Management Companies Are Not Subject To Fair Debt Collection Practices Act

A Federal Appeals Court has ruled that the Fair Debt Collection Practices Act (“FDCPA”), which imposes civil liability on debt collectors for certain prohibited practices, does not apply to community management companies that provide a variety of services to common

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High court rules a house is a house, even if it floats

A house that floats on the water and has no power to move on its own is a home, not a vessel, the U.S. Supreme Court ruled Tuesday. The 7-2 decision upholds laws in California, Washington and other states that

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Spanish Court Two Condominium Association v. Carlson (IL Appellate Court 2nd Dist)

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In the vast majority

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Recent Rulings On Condo Contracts Have Widespread Significance

The Interstate Land Sales Full Disclosure Act, a federal statute that was initially designed to prevent unscrupulous land sales of desert land in Arizona and marsh land in Florida, has been one of the primary weapons employed by buyers seeking

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Firm Wins Appeal Before Third DCA in Dispute Between Developer, Condo Association Over Ownership of Parking, Storage Spaces

In December, firm partners Helio De La Torre and Laura M. Manning-Hudson, together with of-counsel attorney H. Hugh McConnell, prevailed in their appeal on behalf of the developer of the 28-story Courvoisier Courts condominium tower on Miami’s Brickell Key before

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Legislative & Case Law Update (2013) Now Available! (California)

The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2013.  Read More……

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Georgia Community Association “Priority Lien” Bill – A New Year, Another Chance

For years now, there has been an ongoing push to try to pass a bill in the Georgia legislature that would give community associations that are subject to the Georgia Property Owners Association Act (as opposed to “common law associations”)

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Insurer cannot Subrogate against its own insured

Subrogation is an insurance company’s right to go after a person or entity responsible for a loss that the insurance company paid to its insured. For example, when an insured is involved in a car accident, the insurance company  Read

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Heads up: Servicers face HUD’s new HOA servicing rules

A new servicing rule that forces mortgage servicers to pay certain fees when dealing with foreclosures on properties linked to Homeowners Associations (HOAs) took effect Jan. 1, the U.S. Department of Housing and Urban Development confirmed Thursday.  Read More……

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Family Day Care Homes Can Operate Within California Community Associations—So Long As They Follow The Law

Did you know that California community associations are required to allow an owner to operate a “family day care home” within their unit or lot at an association and that the day care can have up to 14 kids in

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Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit. In Bacolitsas v. 86th & 3rd Owner, LLC, a reluctant

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Judge rules against county commissioner Steve Chronister, limited partnership in condo suit

A common pleas judge has ruled that Steve Chronister and his limited partnership owe at least $420,897 to a York Township condominium association.  Senior Judge Eugene E. Fike II of Somerset County awarded an additional statutory penalty of $2,000 in

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In OpenBand lawsuit, stage set for complex case

A $50 million lawsuit filed by telecommunications provider OpenBand will head to court in February, marking a new escalation in a years-long, increasingly litigious battle involving the Dulles-based company, its eastern Loudoun customers and county supervisors.  Read More……

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“Single Family Residences” Restriction Does Not Bar Unrelated Occupants

A restrictive covenant which limits use of lots to “single family residences”–but does not define the term “family”–is ambiguous. Therefore, it is not enforceable to prevent renting a house to persons not related by blood, marriage or adoption, according a

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Bexar County Jury Awards HOA $208K from former President and Lawyer

A jury has spoken in the somewhat protracted dispute between the Ventura s HOA and various owners of properties in that northeast Bexar County subdivision. The former HOA President and its former attorney were hit with a whopping $280K verdict

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Colorado lawmakers to consider electric-car friendly legislation

Linda Campbell could hardly believe it when her homeowners association told her she couldn’t park her new electric car in the garage outside her townhome or plug it in to a nearby outlet. Even more surprising, she thought, given that

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MA Appeals Court Creates Exception to the Economic Loss Rule for Condominium Associations

The Appeals Court has issued a pivotal decision that has effectively carved out an exception to the “economic loss rule” for condominium associations seeking to recover against developers for defective construction. In Wyman v. Ayer Properties, LLC, the Appeals Court

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Property Owners’ Attorney’s Fees Incurred In ADR Dispute Resolution Matters Were Properly Recoverable

Homeowners association, in this one, must have felt the sting of statutory fee-shifting provisions which allowed the property owners to recover $112,665 in fees based on winning a dispute over the correct interpretation of CC&Rs.  Read More……

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San Francisco condo owners can sue architects

A state appeals court has reinstated a lawsuit by a San Francisco condominium owners’ association against architects of a 595-unit luxury complex across from AT&T Park, accusing them of design flaws that caused overheating and structural defects. A Superior Court

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Reston’s Shadowood condominiums make new Va. case law, can’t impose fees on rule violators

The Shadowood condominium complex, on South Lakes Drive in Reston, has been ordered to stop charging fees for rules violations because its original master deed doesn’t allow it. The court ruling has implications for condo and homeowner associations across Virginia.

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Oxford condo lawsuit appeals mixed, court says

A Lafayette County chancery court decision in a condominium loan dispute was upheld in part and reversed in part for additional consideration Tuesday.  Read More……

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California’s New Fire Prevention “Fee”

Homeowners in California should be expecting a new bill in their mailbox for the calendar year 2011 and onward. The California legislature has passed a controversial new Fire Prevention Fee which will aim to defray the State’s costs for fire

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Public Policy Encourages Mediation but Court Decision Says Developers Can Require It

Most community associations and their attorneys would probably agree that mediation can be a desirable alternative to litigation for resolving some disputes. But should associations be required to arbitrate disputes with condominium developers, even if neither the association’s board nor

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