Homeowners’ Association-Trash Enclosure-Assessments (MO)

Dash v. Taylor (MLW No. 79870/Case No. ED110838 – 10 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis County, Walsh III, J. (Timothy J. Phillips for appellant) (Jay L. Kanzler Jr. for respondent).

Parking space dispute correctly resolved (VA)

Where appellant condominium association reallocated parking spaces, the trial court correctly concluded that appellant breached its contract with appellee and violated Virginia’s Condominium Act and a county zoning law.   Read the article………………………..

Boise homeowners went to court to try to void a tax district. See what a judge decided (ID)

An Ada County judge has ruled against taxpayers in Southeast Boise’s Harris Ranch who fought against a special tax district they argued was unlawful.  The district covering Harris Ranch in Barber Valley, called the Harris Ranch Community Infrastructure District, collects taxes to reimburse developers who spend money on certain types of public infrastructure, such as […]

Court Intervenes to Halt HOA Election Abuse (CA)

Under California law, a homeowners association (HOA) is considered a “quasi-government entity” similar to a municipal government. And, as courts have noted, “with power, of course, comes the potential for abuse.”   Read the article………………………..

Condo Charged with Discrimination for Delay in Approving Assistance Animal

In a recent case out of Pennsylvania, a condominium association was found to have violated Fair Housing laws for its delay in approving requests for reasonable accommodation for an emotional support animal belonging to a resident and for imposing conditions on the animals’ use of the common area.   Read the article………………………..

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 part because the 10th Amendment allows states to set up their own tax regimes, Taft’s Scott Knudson argues as part of a series of insights previewing oral arguments in the case.   Read the article………………………..

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. Aaron Breyfogle, Et al., decided April 19, the Minnesota Supreme Court remanded the matter back to the district court for a jury to determine the meaning of the restrictive covenant.   Read the article………………………..

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 can yield account resolution through a demand letter and/or recording a lien against the unit, some delinquent accounts may require the initiation of foreclosure, which is provided for by Michigan Condominium Act, MCL 559.101, et […]

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 instructive as to how boards of directors can put their associations at risk when they fail to make timely final decisions on accommodation requests or impose unreasonable conditions in granting those requests.  Read the article………………………..

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 and appellate courts – Section 67, or MCL 559.167. When initially enacted, MCL 559.167 was designed to curtail the problem of Michigan condominium projects that began construction but, for one reason or another, never ended […]

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 from a water leak and the condominium association’s refusal to allow him to store a boat on the condominium premises; he failed to establish a question of fact whether the leak resulted from a breach […]

Sometimes, an HOA Can Sue on Behalf of its Members (CA)

“Standing” is the legal term used to describe the requirement that a lawsuit be brought by the person(s) or entity(ies) having a right to bring the claim, generally referred to as the “real party in interest.” Lawsuits fail, often at an early stage, when brought by a party who lacks standing.   Read the article………………………..

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict (AL)

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration award that didn’t resolve all claims against all parties in the trial court was not final enough to be appealed. The Alabama […]

Co-op Boards Can Claim Fraud When a Buyer Lies (NY)

In 2014, Gene Vilensky submitted an application to purchase an apartment at Trump Village Section 4, a large cooperative in Brooklyn. Although Vilensky signed an agreement that he “would not permit persons other than those permitted by the proprietary lease to live in the apartment,” he began to list the apartment on Airbnb.   Read the […]

Assistance Animals (AZ)

A recent case in Pennsylvania, U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), ruled that The Dorchester Owners Association (“Association”) engaged in discrimination in violation of the Fair Housing Act (“FHA”) in connection with requests for assistance animals.   Read the article………………………..

Understanding Kalway v. Calabria Ranch HOA (AZ)

Kalway v. Calabria Ranch HOA LLC arose from a dispute between a homeowner, Maarten Kalway, and his homeowners association, Calabria Ranch HOA LLC. Kalway is a case that affects all Arizona HOAs. The dispute was over amendments to the governing documents. The Arizona Supreme Court ruled that the Association did not provide proper notice to, […]

CAI Amicus Brief Supports Favorable Michigan Supreme Court Decision

The Supreme Court of Michigan denied an insurance and surety brokerage firm’s application for leave to appeal the judgment of the Michigan Court of Appeals in favor of a Michigan condominium association due to lack of persuasion that the questions presented by the firm should be reviewed by the Supreme Court.   Read the article………………………..

Case Law Breakdown: Due Process in DC Condos

A violation of the condo bylaws occurs. The first question from the board and management is: how do we enforce it? That typically encompasses two issues. The first is: what remedies and tools do we have available to us? The second is: what procedure do we have to follow?   Read the article………………………..

2022 HOA Case Law Review (CA)

California Appellate Courts issued several important opinions addressing issues in community association law in 2022, including whether to award prevailing party attorney fees in an election challenge, affirming rules relating to Strategic Lawsuits Against Public Participation (SLAPP), the importance of complying with the pre-litigation Alternative Dispute Resolution (ADR) requirements, the consequence of failing to accurately […]

Appeals court: HOA inspection fees unlawful (VA)

A challenge to inspection fees assessed by a homeowners’ association in a large development has succeeded after the Court of Appeals of Virginia found that the individual fees weren’t expressly authorized by the association’s declaration.   Read the article………………………..

Hotel Condominiums – An Endangered Species (FL)

Hotel condominiums are created by combining hotel facilities and condominium units into a single project. They can exist as standalone buildings or part of larger vertical subdivisions. Either way, the hotel rooms are sold as individual condominium units and form the condominium component, and everything else (common elements in a traditional condominium) forms the hotel […]

Tennessee Supreme Court To Hear Oral Arguments For February Docket In Nashville

(See 2nd case) In this case, a homeowners’ association (“HOA”) and the owner of property within a development dispute the scope and applicability of certain restrictive covenants. In 2015, Dr. Pratik Pandharipande purchased a home and leased it as a short-term rental property.  Read the article………………………..

Judge Warns Against Renters Who Sue In Surfside Collapse (FL)

A Miami-Dade County judge on Friday issued a stern warning to attorneys in the litigation for the collapse of the Champlain Towers South in Surfside, Florida, threatening contempt charges and warning them not to bring renters’ lawsuits against condominium owners because doing so would violate his previous order that barred such claims.  (This article is […]

Condo association’s lot inspection fee invalid (VA)

Where a statute provides fees and charges must be authorized expressly by statute or a condo association’s “declaration,” appellee condo association’s annual lot inspection fee is invalid because the fee is not authorized by the declaration and does not relate to common area use.   Read the article………………………..

Attorneys — Fees — Condominium association (MI)

Where a plaintiff condominium association was awarded only $1,606 in counsel fees, a remand is necessary because the trial court abused its discretion by failing to follow settled precedent in computing the “reasonable” counsel fees and costs recoverable by the plaintiff.   Read the article………………………..

How Not to Handle a Parking Dispute (MA)

Parking questions come up often and the answers to those questions are not always obvious. Resolution of parking issues typically comes down to what was contemplated by the governing documents and how that relates to the actual situation on the ground. The recent Land Court case of Stahl v. Baker delves into this issue.    Read […]

Short-term rentals barred for development’s condos (MI)

Condominiums and lots at a large recreational community in Gladwin County are limited to “residential purposes only” under the development’s covenants and restrictions, a Court of Appeals panel has held in a published decision, reversing a lower court ruling in favor of the property owners.   Read the article………………………..