In 2020, the Florida Third District Court of Appeal issued the IconBrickell decision that has had a profound effect on the way practitioners and developers think about the legal landscape of mixed-use properties throughout the state of Florida, particularly branded residential condominiums. In IconBrickell Condominium No. Three Association v. New Media Consulting, 310 So.3d 477 […]
Hoarding in Condominiums: When Individual Rights Clash with Community Concerns
The recent case of Board of Managers of the 48-54 West 138th Street Condominium v. Flora Burdock highlights the complexities that arise when an individual unit owner’s behavior impacts the health, safety, and well-being of a condominium community. In this case, the condominium board sought legal intervention to address a severe hoarding situation within Ms. […]
When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)
The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed. Read the article…………………………….
When Is an HOA/Condo Rental Amendment Unreasonable? (NC)
When it comes to declaration amendments, our firm is most often asked about restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals. In a decision issued this week (February 21, 2024), the North Carolina Court of Appeals struck down a condominium rental amendment as unreasonable. Read the […]
Court sides with homeowners in NC ski country who want short-term rentals
After a homeowners association in the North Carolina High Country tried to block short-term rentals during ski season, a court has ruled against the HOA. Read the article…………………………….
When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO)
The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed. Read the article…………………………….
Idaho Supreme Court sides with developer in Teton County case
The case arises from a dispute regarding a condominium development and dates back to 1995. That’s when a lot in Driggs was approved for Planned Unit Development with up to 16 standalone condominiums. In 1995, TCR’s lot owned by TCR, LLC, the developer of Teton Creek Resor, was approved for Planned Unit Development with 16 […]
Discrimination in HOAs: A Claim That Must Be Taken Seriously
Attorneys have seen an uptick in cases of alleged discrimiation in HOAs and condo associations. Complaints can become costly and stressful for an association. Read the article…………………………….
Threat of Litigation Not a Good Idea when it comes to Housing Discrimination Complaints (NY)
New York’s highest court decided that the threat of litigation may support a retaliation claim under the New York State Human Rights Law. The Human Rights Law prohibits retaliation against those who make discrimination complaints or engage in other protected activity. The New York Court of Appeals definitively decided that the threat of litigation itself […]
Enhancing Governance: Lessons from a Recent Condo Board and Property Management Company Lawsuit (NY)
Condo Boards and their Property Management Companies play a crucial role in maintaining harmony within residential communities. A recent legal battle involving the Sky House Condominium sheds light on the importance of meticulous governance to avoid potential pitfalls. Read the article…………………………….
Navigating Sidewalk Shed Disputes: Insights for Condo or Coop Boards (NY)
The court’s decision in 157 W 18 OWNER, LLC v. THE BOARD OF MANAGERS OF THE SLATE CONDOMINIUMS provides clarity on the interpretation of RPAPL 871 and the enforcement of Building Code requirements in construction-related disputes. The ruling underscores the importance of demonstrating a substantial encroachment and balancing equities when seeking injunctive relief for property […]
Community Association Board Members can be Sued for Breach of Fiduciary Duty (NY)
The Board of Managers of the 72 Poplar Street Condominium and individual board members were sued by a unit owner who was overcharged common charges. The Board allegedly knew about the overcharge and eventually refunded the overpayments to the owner, and then called a unit owner vote to amend the Condominium’s bylaws to change the […]
Second Legacy Lodge case appealed to Wyoming Supreme Court
The Rafter J Ranch Homeowners Association is asking the Wyoming Supreme Court to overturn a lower court’s decision in a lawsuit over the future of the former Legacy Lodge building. Monday’s appeal from HOA attorney Kevin Gregory marks the second case that has been taken to the high court regarding a 57-unit building in Rafter […]
Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract
Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal court, arguing that the action related to an arbitration agreement falling under the Federal Arbitration Act (FAA) and the Convention on the […]
Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC)
The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer). Read the article…………………………….
Court Rules that Restrictive Covenant Banning Sex Offenders is Enforceable
Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years. Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible. This was largely based on a New Jersy case, […]
IN Tax Court dismisses appeal in Marion County, HOAs assessment dispute
A group of Marion County homeowners’ associations prematurely filed an appeal of their property assessment case’s dismissal at the administrative level, the Indiana Tax Court ruled in granting a motion to dismiss the appeal and remanding the case to the Indiana Board of Tax Review. Read the article………………………………..
Recent Case Highlights the Importance of Strict Compliance with Condominium Riders
A recent Florida case highlights the importance of strictly complying with every provision of a purchase and sales agreement, including the condominium rider. In the case of Bydalek v. Saenz (2023), the Buyer provided the Seller with his notice of his intent to cancel the purchase and sales agreement, nine days after the scheduled closing. […]
Persimmon Hill – Huge Impact on South Carolina Construction and Insurance Industries
The Persimmon Hill decision is one of the most impactful South Carolina insurance coverage decisions in years. The 58-page opinion authored by Justice Konduros addresses myriad issues including insuring agreements, obligations owed to insureds and additional insureds, bad faith, and an alternative to the “time on risk” allocation formula. Read the article………………………..
How a 1970s clerical error paved the way for Mattamy Homes to build on shuttered golf course (FL)
Circuit Court Judge G. Joseph Curley recently ruled that Mattamy Homes was not bound by an agreement signed in the 1970s that restricted the use of the golf course to recreational activity because the agreement was never formally recorded with the Palm Beach County Clerk’s Office. Read the article…………………………….
South Carolina Court Alters Time-on-Risk Approach, Holds Insurer Responsible for Unresponsive Insured’s Defense
The South Carolina Court of Appeals recently affirmed a $27.3 million judgment against an insurer. It held that the insurer acted in bad faith in failing to defend its insured and the general contractor in a construction defect suit involving a Berkeley County townhome community. Read the article…………………………….
Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work
The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois Supreme Court unanimously held in Acuity v. M/I Homes of Chicago, LLC that the “your work” exception under CGL policies did not prevent […]
Condo group sues State Farm for water damage 30 years too late: Court (WA)
A Tacoma, Washington, condominium association that sued a State Farm Insurance Co. unit for water damage filed its suit nearly 30 years too late, a federal appeals court ruled Monday, affirming a lower court ruling. Read the article………………………………..
Appellate court rules for Gran Paradiso residents in North Port irrigation fee lawsuit (FL)
A state appellate court sided with Gran Paradiso Property Owners in their suit against the West Villages Improvement District over a 100-year contract for irrigation water that the residents say is both too long and too high. Read the article…………………………….
Illinois court asked: Are defects covered by general liability insurance?
The ruling, passed down from the state’s supreme court, could affect which issues contractors choose to litigate with insurers across the country. Read the article…………………..
Court of Appeals Decides that HOA Is Not Required to Enforce Parking Restrictions (WA)
The Washington Court of Appeals has issued an unpublished opinion concerning a property owner’s claim that his homeowners association is legally obligated to enforce parking restrictions. Read the article……………………………
S. Carolina Insurer’s Bad Faith Causes $27M Loss from Policies with $2.5M Limit
A panel of the South Carolina Court of Appeals on Wednesday affirmed a trial court order requiring Pennsylvania National Mutual Casualty Insurance Co. to pay an award totaling $27,339,535.46 to developer Portrait Homes and the Persimmon Hill Homeowner’ Association, even though the policies it sold Castillo’s company provided only $2.5 million in coverage. Read the […]
Money & the Law: Fight over parking spot ensnares courts (CO)
It has long been my belief that civil litigation has replaced horse racing as the sport of kings, and may be more expensive. A case decided in October by the Colorado Court of Appeals added further evidence in support of my belief. The lawsuit at issue here involved a parking space in an open-air parking […]
Maryland judge sides with insurer in dispute involving 22 damaged condo roofs
A condo association submitted a claim to Philadelphia Indemnity, alleging a storm damaged the roofs of 22 condominium buildings that required replacement, claiming the replacement costs of the roofs totaled more than $1.1 million. Meanwhile, Philadelphia Indemnity estimated that the storm-related damages and repairs came in around $38,000. Read the article…………………………………
Illinois Supreme Court Overturns Decades of Confusing Law on Insurance Coverage for Inadvertent Construction Defects
Over the years, owners and contractors were frequently shocked to learn that there was no insurance that could cover damage caused by inadvertent defective construction. However, that all changed on November 30, when the Illinois Supreme Court, in Acuity v. M/I Homes of Chicago, LLC, aligned Illinois law with the modern trend followed by most […]
Court Upholds Association’s Decision to Refrain from Enforcing Covenant (WA)
In a recent unpublished Washington Court of Appeals opinion, a lot owner had sued his homeowners association and contended that it had a duty to take certain actions with regard to parking enforcement. Read the article………………………………
Ohio Panel Disqualification Reversal
In a dramatic twist echoing the thrill of a courtroom drama, an Ohio appellate court has unleashed a pivotal decision in a high-stakes legal skirmish between a homeowners association and a management company. The court, with a gavel of justice, struck down a lower court’s move to disqualify a defense attorney, a decision reverberating through […]
Court strikes Carillon associations’ bid to buy condo-hotel’s spa and pools, grants them common areas (FL)
The Carillon Miami Wellness Resort condo associations lost their legal battle to purchase the spa, pools and other portions of the oceanfront mixed-use complex. Read the article……………………………….
Hawaii Supreme Court Rules Insurers Can’t Recoup Defense Costs from Insureds
An insurer cannot seek reimbursement from its insured for the cost of defending a lawsuit after learning that no coverage was owed unless the policy says it can, the Hawaii Supreme Court ruled. Read the article……………………………….
HOA Electronic Voting and Bylaws
An election for the Flagship Wharf Condominium Association’s board was upcoming. Members were told they could vote in person at the meeting, by directed proxy, or electronically through a unique link sent to each Unit. One of the candidates asked the board to amend the association’s Bylaws to explicitly allow for members to vote electronically […]
Challenges: Condo Boards and the Duty to Maintain Common Elements (NY)
In a recent legal battle, LiNQ1, LLC found itself at odds with 170 East End Condominium and its Board of Managers over allegations of negligence, breach of contract, and more. This case, indexed as No. 154594/16 Appeal No. 953 Case No. 2022-04598, serves as a cautionary tale for New York condominium boards, emphasizing the importance […]
‘Grossly out of proportion’: HOA can’t tear down noncompliant homes (VA)
The Western District of Virginia held that it would be “grossly out of proportion” to allow a homeowner’s association, or HOA, to destroy three homes that were built without approval of its architectural review board that didn’t exist at the time. Read the article…………………………………
Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration? (FL)
Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate […]
Florida Court Affirms Foreclosure Judgment for HOA
Florida’s Fourth DCA has affirmed a county court’s final judgment foreclosing a lien in favor of Deer Run Property Owners’ Association (the Association) awarding more than $87,000 for delinquent assessments, interest, late charges, costs, and attorneys’ fees. Read the article………………………..
Condominium Association Funds and Capital Projects: Walsh v Hawthorn Hills Owners of Rochester, Inc. (MI)
Boards of Directors of community associations are often charged with the responsibility of maintaining the capital assets of the corporation and administering the community itself. This responsibility involves difficult decisions regarding the spending and raising of association funds, especially when it comes to capital improvement projects. Read the article…………………………….
Court won’t order owners to destroy houses (VA)
Where a homeowners’ association argued the court should order homeowners to tear down houses allegedly built in violation of the association’s covenants and restrictions, the court refused. Demolition of their homes would be grossly out of proportion with the relief sought. Read the article………………………………..
Does an Exchange of Emails Constitute a Board Meeting? (CA)
Under the California General Corporation Law, a board of directors can take action in two different ways – at a meeting or by unanimous written consent. See Cal. Corp. Code § 307. Over a decade ago, I posed the question of whether a director could consent by email. Read the article…………………………….
Delaware developer agrees to pay $225K to settle fraud, consumer deception charges (DE)
A 55+ community developer has agreed to pay $225,000 to settle claims that it misled residents of a Kent County neighborhood, forcing homebuyers to enter into confusing contracts and failing to disclose key information. Read the article…………………………
Nevada Court Issues Significant Guidance on the Interpretation of ALTA HOA Endorsements
On October 12, 2023, the Supreme Court of Nevada (“the Court”) issued an important decision in the matter of Deutsche Bank National Trust Company v. Fidelity National Title Insurance Company, No. 84161, 2023 Nev. LEXIS 40 (Oct. 12, 2023), providing guidance on the interpretation and application of American Land Title Association (“ALTA”) and California Land […]
Slip & Fall Case at the Michigan Supreme Court
The Michigan Supreme Court (MSC) will hear oral arguments in 12 cases on Wednesday, November 8, 2023, and Thursday, November 9, 2023, beginning at 9:30 a.m. on both days in the 6th floor courtroom at the Michigan Hall of Justice at 925 W. Ottawa, Lansing. Oral arguments will be livestreamed from the MSC website. Wednesday, November […]
Colorado’s justices weigh immunity for municipalities acting as housing developers
…..However, the condominium association for Burlingame Ranch II, an affordable housing community that the city of Aspen developed itself, believed it could hold the city responsible for construction defects in a different way. Instead of claiming negligent construction, which the CGIA would block, the association argued the city breached its contract with homebuyers by not […]
Tennessee Supreme Court Holds Restrictions Limiting Property Use To Residential Purposes Do Not Prohibit Short-Term Rentals
The Tennessee Supreme Court held today that a property owner using his home as a short-term rental did not violate homeowner association restrictions requiring that homes be used for “residential and no other purposes.” However, the Court also held that the property owner’s short-term rentals violate later amendments to the restrictions that impose a minimum […]
Real Estate Counselor: Ruling in Dade Reminds Associations to Avoid Restricting Resident Access (FL)
……… focuses on the takeaways for community associations from a recent Miami-Dade Circuit Court ruling on the importance of avoiding restrictions against residents’ use of common elements that are necessary for them to access their unit. Read the article………………………………
How to abuse the bankruptcy court and your HOA at the same time (CA)
This case study revolves around a homeowner’s association (HOA) located in the State of California dealing with a property owned by six individuals that has been plagued by chronic delinquency since 2008. The association embarked on a journey to recover the long-standing debt through non-judicial foreclosure. However, the owners resorted to a series of bankruptcy […]
Resident’s lawsuit against expanding University Village thrown out (VA)
Seventeen months after suing to block the board of directors at University Village, an upscale retirement home west of Charlottesville, from beginning construction on a third phase, Phase II homeowner Daniel Lavering found himself hiring an appeals lawyer after a judge tossed his suit Monday. Read the article……………………………….