Case Discussions

Supreme Court Can Uphold States’ Tax Rights With Condo Sale Case (MN)

The Supreme Court should uphold a Minnesota county’s decision to keep a homeowner’s equity from a foreclosed condominium sale, in…

1 year ago

Justices remand homeowners association covenant case (MN)

Ambiguous language in restrictive land use covenants can now be interpreted by consulting extrinsic evidence. In Windcliff Association, Inc. v.…

1 year ago

Defendant in Covenant Violation Lawsuit Ruled to be Entitled to Attorney Fee Award (WA)

A recently issued court opinion in Washington state concerned a line of cypress trees near the boundary between two properties…

1 year ago

Michigan Court Rules Condo Association Did Not Wrongfully Foreclose

A necessary component of running a functional condo association is the collection of delinquent maintenance assessments. While many condo associations…

1 year ago

Delayed Decisions On Accommodation Requests Lead To Trouble

A recent federal court decision in U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), is…

1 year ago

Crucial 40-Year Recertification Repairs Continue At Miami Condo, Judge Rules (FL)

“The association is doing what it has to do, not only for Florida law, but also to make its building…

1 year ago

Michigan Court of Appeals Reaffirms that Right to Construct “Need Not Be Built” Units Can Be Lost Under MCL 559.167

Since 2016, one particular section within the Michigan Condominium Act has been the source of repeated litigation in Michigan trial…

1 year ago

Real Property — Water leak — Condominium (MI)

The owner of a condominium unit asserted claims for breach of contract and negligence arising from damages to his unit…

1 year ago

Charges dismissed against homeowner accused of cutting down Barber Park tree after lengthy HOA feud (ID)

The case against a Southeast Boise homeowner who was accused of malicious injury to property after he cut down some…

1 year ago

Here are some important takeaways from recent appellate ruling over dispute at Hollywood condo (FL)

A recent decision over a dispute at the Hollywood Station Condominium by Florida’s Fourth District Court of Appeal illustrates one…

1 year ago