Legal & Legislative News from CAN

  • Washington Court of Appeals Reverses Trial Court’s Partition of Common Area May 29, 2017 The Washington Court of Appeals ruled in an unpublished opinion last month that partition of a common area created by the deeds of four adjacent properties was not a remedy available to the trial court when the property owners could not agree about the use or maintenance of that common area.   Read the article……………
  • New law limits condo directors to four consecutive two-year terms (FL) May 27, 2017 This year, the Florida Legislature passed a host of new laws that will affect shared ownership communities. Assuming that the governor signs these bills into law, they will go into effect on July 1. You may already have read about some of the flashier changes (such as specifying that certain failures to abide by the Condominium Act can subject board members to criminal penalties), but there are many smaller changes that are extremely important, as well.    Read the article………….
  • Collingwood Heights Homeowners’ Association alleges roofs on condos were not properly installed (CA) May 26, 2017 A nonprofit corporation formed to manage a multistory condo development has filed a suit over several leaky roofs.  Collingwood Heights Homeowners’ Association filed a complaint on April 18 in the San Francisco County Superior Court against The Lawson Roofing Co. Inc., Residential and Commercial Roofing Inc. and Does 1 through 10 alleging negligence.     Read the article…………..
  • Ruling Illustrates Unpredictability of Fair Housing Litigation for Associations May 25, 2017 The appellate panel of the First District Court of Appeal was divided in its recent ruling involving a Fair Housing Act discrimination complaint by a wheelchair-bound unit owner against his condominium association. The majority and dissenting opinions in the case highlight the unpredictable nature of FHA litigation for unwary associations.    Read the article………………..
  • Bank of America seeks declaratory relief regarding foreclosure proceedings on condo May 25, 2017 A financial institution is seeking declaratory relief regarding a foreclosure on a San Francisco condo.  Bank of America NA filed a complaint on April 17 in the San Francisco County Superior Court against California Department of Consumer Affairs, Bureau of Real Estate and Dean R. Grafilo seeking declaratory relief.      Read the article…………….
  • Ruling in Fairport Harbor condo owners’ association case headed for appeals court May 25, 2017 The attorney for a Fairport Harbor Village landowner filed a brief May 23 in the 11th District Appeals Court challenging a Lake County Common Pleas Court ruling involving its use of undeveloped land at a condominium development there.  The appeal stems from a case involving plaintiff Fairport Real Estate, LLC and Nautical Ridge Condominium Owners’ Association, Inc. and could determine whether the plaintiff would build multi-dwelling apartment buildings on yet-unused parcels spread among Nautical Ridge-owned and developed land, court records ...
  • HUD secretary hints that housing agency may ease terms for condo mortgages May 25, 2017 Could condos financed with low-down-payment government-backed mortgages stage a surprise comeback under the Trump administration, which generally seeks to reduce federal involvement in housing? Would this be promising news for millennials and buyers with moderate incomes looking to purchase their first homes?     Read the article………….
  • Why Associations and Their Managers Need to Be Wary of Debt Collections Practices and Laws May 24, 2017 The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get themselves into when trying to collect on outstanding assessments.     Read the article………….
  • Construction Defect Reform in CO; HB 1279: Pluses, Pitfalls & Practical Pointers May 24, 2017 Construction defect litigation reform will take a small step forward this week when Gov. John Hickenlooper signs HB 1279 on May 23, 2017. HB 1279 will go into effect immediately after signature by the Governor, and developers and residential builders will need to be aware of certain aspects of the law. HB 1279 has been much touted as a bipartisan effort toward addressing the housing squeeze in Colorado, as reflected by just 3.4 percent of new housing starts in 2016 ...
  • Court: Senior Citizens Can Seek Punitive Damages in Religious Discrimination Suit Against HOA May 24, 2017 A court has rejected the latest attempt by a homeowners’ association to shield itself from punitive damages for shutting down Bible studies and a Sunday worship service.   Read the article………….

Legal & Legislative News Archives

Case Discussions

  • Ruling Illustrates Unpredictability of Fair Housing Litigation for Associations May 25, 2017 The appellate panel of the First District Court of Appeal was divided in its recent ruling involving a Fair Housing Act discrimination complaint by a wheelchair-bound unit owner against his condominium association. The majority and dissenting opinions in the case highlight the unpredictable nature of FHA litigation for unwary associations.    Read the article………………..
  • Bank of America seeks declaratory relief regarding foreclosure proceedings on condo May 25, 2017 A financial institution is seeking declaratory relief regarding a foreclosure on a San Francisco condo.  Bank of America NA filed a complaint on April 17 in the San Francisco County Superior Court against California Department of Consumer Affairs, Bureau of Real Estate and Dean R. Grafilo seeking declaratory relief.      Read the article…………….
  • Why Associations and Their Managers Need to Be Wary of Debt Collections Practices and Laws May 24, 2017 The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get themselves into when trying to collect on outstanding assessments.     Read the article………….
  • Court: Senior Citizens Can Seek Punitive Damages in Religious Discrimination Suit Against HOA May 24, 2017 A court has rejected the latest attempt by a homeowners’ association to shield itself from punitive damages for shutting down Bible studies and a Sunday worship service.   Read the article………….
  • Illinois Supreme Court Clarifies Snow & Ice Removal Act May 23, 2017 Decided by the Illinois Supreme Court on December 1, 2016, Murphy-Hylton v. Klein Creek Condominium et al. held that the immunity granted under the Illinois Snow and Ice Removal Act for the negligent removal of naturally accumulated snow and ice does not also provide immunity for injuries caused by ice arising due to circumstances unrelated to negligent snow and ice removal efforts, such as the negligent failure to maintain the premises.   Read the article…………..
  • When a Property Owner Association Approves Plans Then Rescinds Its Approval, Can It Be Held Financially Responsible? (CO) May 11, 2017 The Supreme Court of Colorado answered that question in Mac McShane and Cynthia Calvin v. Stirling Ranch Property Owners Association, Inc. (2017 CO 38).  Mac McShane and his wife, Cynthia Calvin (“Owners”) bought property, hoping to build a multi-story home overlooking the Roaring Fork Valley. The Stirling Ranch Property Owners Association (“POA”) approved the Owners’ architectural designs, but then denied approval of the plans. The POA is governed by an Executive Board, and the Executive Board appointed a Design Review ...
  • PropLogix Wins Suit Against Condominium Association May 11, 2017 PropLogix was granted a default judgment in a suit filed against a Kissimmee condominium association after the association failed to appear in court. (Case no. 2016 SC 4316)  In December, PropLogix sued Villas of Emerald Lake Condominium Association, Inc. in the 12th Judicial Circuit Court in Manatee County, Fla., (filing #50001265) because the association allegedly refused to refund the $250 estoppel fee on a transaction that cancelled.    Read the article…………….
  • Appeals court reverses summary judgment against homeowner (FL) May 9, 2017 Florida’s 2nd District Court of Appeal has reversed a lower court’s decision to grant summary judgment in favor of a homeowners’ association.  The appeals court ruling follows a July 2016 decision by the 12th Judicial Circuit Court. The circuit court granted the Southfield Subdivision Maintenance and Property Owners’ Association’s motion for summary judgment against homeowner Toni Sexton, also awarding it reasonable attorneys’ fees and costs.   Read the article…………….
  • Appeals Court Reverses Big Smoking Verdict Against Co-op (NY) May 8, 2017 A year ago, state Supreme Court Judge Arthur Engoron sent shivers through New York City’s co-op community when he ruled that Susan Reinhard, a shareholder at the Connaught Tower co-op at 300 East 54 Street, was entitled to $120,000 in back maintenance, interest, and attorney’s fees after she claimed secondhand smoke had permeated her apartment and rendered it uninhabitable.  Last week, the Supreme Court’s Appellate Division, First Department, overturned that verdict – even ruling that Reinhard is now on the ...
  • Florida Supreme Court May Decide Fate of Liens Recorded After Foreclosure Judgments May 8, 2017 Real estate investors, municipalities, and community associations may gain some clarity about post-judgment liens if the Florida Supreme Court decides to hear Ober v. Town of Lauderdale By-the-Sea, Case No.: 4D14-4597 (Fla. 4th DCA, January 25, 2017). The case has garnered interest from municipalities, creditors and the real estate sector regarding the enforceability of liens recorded against a property during the uncharted gap between judgments and sales.  The issue arose when a lender filed to foreclose its mortgage, recorded a ...

Case Discussion Archives

College of Community Association Lawyers

Since 1993, the Community Associations Institute has recognized excellence in the practice of community association law through the College of Community Association Lawyers (CCAL). Of the thousands of attorneys practicing community association law in the United States, fewer than 150 have been granted membership in the College. Members of the College distinguish themselves through contributions to the development of community association law.

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