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Court Tells Board in Foreclosure Case: The Guy Paid. What Else You Want?

Most condominium boards and their managers and attorneys act in what they perceive to be the best interests of their condo associations. But when one Manhattan board in an arrears foreclosure tried to not let the owner pay, and then

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Ruling opens door for Sellersburg to annex Covered Bridge

The Indiana Court of Appeals has upheld Clark Superior Court’s 2010 decision that voided the incorporation of Covered Bridge as a town. The appeals court also upheld the lower court’s dismissal of a petition signed by more than 600 residents of

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Fourth Court Upholds Allegedly Obsolete Restrictions Mandating Residential Use Along Blanco Road

On July 13, 2012, the Fourth Court of Appeals of Texas (San Antonio) issued its opinion in a case in which it was asked to determine whether antiquated residential-use limitations applied to a subdivision abutting now heavily-developed and largely-commercial Blanco

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Homeowners Association Found to Have Equitable Easement Despite Lack of Recorded Document

Sumner Hill is a homeowners association in a gated community in Madera County. The Sumner Hill residents historically enjoyed access to a private road that leads to the nearby San Joaquin River. That access was jeopardized when a portion of

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Court ruling could increase liability of individual condo, co-op board members

New Yorkers may become even more reluctant to sit on the board of their condominium or co-op building. A decision handed down by the state appellate court this month could increase the likelihood that individual board members will be held

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Ever Wondered What All The Talk is About SLAPP Suits in HOAs?

SLAPP lawsuits are getting time in the news. What are they about? Name calling. Politics. Ugly stuff. There is no cause of action called SLAPP. What happens is someone calls someone else a name in heated debate over an election

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What is a Covered “Collapse” for Insurance Purposes?

Recently, the Fifth District Court of Appeal issued the opinion of Kings Ridge Community Association v. Sagamore Insurance Company, clarifying what constitutes a covered “collapse” under an All Risk Business Owner’s policy. On February 24, 2010, the association’s clubhouse began to

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Ticky Tacky Little Governments: A More Faithful Approach to Community Associations Under State Action Doctrine

Community associations are an innovative solution to a myriad of challenges that arise in the ownership of residential property. They solve collective action problems and fulfill desires in the common pursuit of neighborhood harmony. But when community associations go too

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On further thought . . . Reversing earlier board decisions

A recent decision of the Ontario Small Claims Court tackles the interesting issue of whether and how condominium boards can reverse earlier decisions in maintenance and repair scenarios.  Read More……

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HUD charges MN management co. with discriminating against families with children

The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging a Minnetonka, MN, condominium association and its management company, Gassen Company, Inc., with violating the Fair Housing Act by discriminating against families with children under

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What is a Cloud Condominium?

A new type of housing community is billowing up around the country. Neighborhoods in San Diego, Orlando and Denver have already adopted a new classification called cloud condos.

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More states seek to protect First Amendment Rights in Associations…will Florida

Last month, the New Jersey Supreme Court ruled 5-1 that a condominium owner could place election signs on his front door and side window of his townhome over the objections of his association. Read More……

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Homeowner Associations/POOF!: Reversal Of HOA Award Means Homeowner Survives To See What Happens On Remand

Homeowner Association (HOA)/homeowner disputes seem to be very acrimonious. However, depending on who prevails, there may be fee exposure under Civil Code section 1354 (CC&R enforcement) or Civil Code section 1717 (contractual fee enforcement). But, each side may have to

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Foreclosing Lenders Avoid Disaster and Given More Options To Foreclose In Eaton v. Fannie Mae Case

The Massachusetts real estate community has been waiting 8 long months for a decision from the Massachusetts Supreme Judicial Court (SJC) in the much anticipated Eaton v. Federal National Mortgage Association (link) case. The decision came down June 22, and

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MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION v. KHAN

MAZDABROOK COMMONS HOMEOWNERS’ ASSN v. KHAN MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION, Plaintiff-Appellant, v. WASIM KHAN, Defendant-Respondent. No. (A-65-10), September Term 2010 (067094).Supreme Court of New Jersey.Argued October 24, 2011.Decided June 13, 2012.  CHIEF JUSTICE RABNER delivered the opinion of the Court. The question

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Condo Owners Fear X-Ray Would Show Mushy Bones

But the denizens of Seahaus, a sleek coastal condo and townhome development in Bird Rock, say this is more than just wishful thinking. They’re suing the builders of their homes, alleging their complex was poorly constructed and developers concealed water

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Canada: Condo Directors Held Personally Liable For Legal Costs

The Condominium Act (the “Act”) has several provisions (sections 85, 134(5) and 135(3) which place the financial burden of obtaining compliance orders on those responsible for the non-compliance, thus relieving innocent owners of this financial burden. There are numerous reported

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Illinois Supreme Court OK’s Private Security Officers to Make Traffic Stops

The Illinois Supreme Court just ruled that property owner associations may use private security officers to enforce traffic rules on their roads. The high court rejected an association member’s claim that security personnel couldn’t pull him over and fine him

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FL: New Law Eliminates Important Homeowner, HOA Protections Against Construction Defects in Community Infrastructure Systems

HB 1013, one of the most surprising and anti-consumer pieces of new legislation for Florida homeowners and HOAs, was recently signed into law by Gov. Scott. HB 1013 was passed in direct response to the Fifth District Court of Appeal’s

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High court rules against family in alligator death

Georgia’s highest court has reversed a lower court ruling in the death of a Georgia woman whose partially-eaten body was found in a subdivision lagoon frequented by an alligator. The Georgia Supreme Court’s 4-3 decision means the family of 83-year-old

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N.J. condo-sign ruling shows importance of state constitutions

When we think of free speech, we naturally think of the First Amendment – the first 45 words of the Bill of Rights that begins, “Congress shall make no law … .” But we should not forget about state constitutions,

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Rogers Towers: Defending Mortgage Lenders Against Attorney’s Fees Claims by Condominium Associations

Lenders foreclosing mortgages in Florida frequently encounter claims by condominium associations for past due assessments. Increasingly, those entities are extending their claims in attempts to recover attorney’s fees and costs as well, often asking for amounts far in excess of

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Hilton Head judge wins $6M in Sea Pines defamation lawsuit

jury awarded a Hilton Head Island judge more than $6 million in damages Wednesday in a defamation suit against Sea Pines’ security chief and its property owners association. The decision followed six days of testimony on Municipal Court Judge Maureen

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FHA Condo Rules are Outdated and Burdensome, Say 69 Members of Congress

In a letter sent last week to Department of Housing and Urban Development Secretary Shaun Donovan, 69 members of Congress urge the housing agency to ease up on its rules regarding condo lending. Among the specific rules under consideration, the

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Florida Supreme Court rules that “substantial compliance” is good enough for insurers on association policies

On May 31, 2012, the Florida Supreme Court issued a Corrective Opinion in the case of QBE Insurance Corp v. Chalfonte Condominium Association, Inc., SC09-441 (FL 2012). A jury originally awarded the Chalfonte Condominium Association $8.2 million for, among other

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NJ: Don’t Be Too Hasty In Towing: Bresnowitz v. Espy Road Condo. Ass’n

A recent decision by the Appellate Division of New Jersey’s Superior Court reminds community association boards and managers to enforce rules in a reasonable manner, with sufficient notice to all residents of the rule, adequate notice of a violation to

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26 now guilty in Las Vegas HOA corruption, fraud scheme

An expanding federal investigation into corruption and fraud in Las Vegas-area condominium homeowners associations has resulted in 14 more guilty pleas, bringing total convictions to 26 so far, the Las Vegas Review-Journal reports. Four retired Las Vegas police officers —

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