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………………………..
Homeowner Associations: 50% Pro-Rata Fee Award To HOA By Arbitrator Affirmed On Appeal (CA)
In Fairly-Haze v. Whitesails Community Assn., Case No. B311574 (2d Dist., Div. 6 May 4, 2023) (unpublished), HOA primarily won an arbitration proceeding which involved assignment of a handicapped car space in return for a surrender of another space by homeowners. Read the article………………………..
Illinois Court Rules HOA Cannot Collect Assessments That Were Improperly Levied Under the Common Interest Community Association Act, 765 ILCS 160
One of the responsibilities of a board of directors or a board of managers in any homeowner’s association is to set the amount of regular assessments for the members. This is typically done by way of a budget that is decided upon by the board in advance of the upcoming year. However, each association may […]
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………………………..
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 that allegedly blocked a view of sunsets and downtown Portland in violation of restrictive covenants on those properties. 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………………………..
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 safe and to make the board of directors discharge their fiduciary duty to all of the condominium residents,” 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 […]
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 branches, a sapling, and removed other vegetation behind his home backing up to Barber Park ended in dismissal. Read the article………………………..
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 potential outcome for community association lawsuits brought by concerned unit owners. Read the article………………………..
Associations May Now Have Broader Standing to Pursue Construction Defects Claims (FL)
When your community needs to pursue a claim for construction defects, your community must have a stake in the outcome of the litigation – known as standing – to pursue that claim. Because both Section 718.111 and 720.303 empower an association to pursue claims for matters of common interest, an association usually has standing to […]
Tort/Negligence – Personal Injury – Real Property – Utility Box in Flower Bed (NC)
While the defendant-homeowners’ association’s (HOA’s) entranceway was under construction, plaintiff attempted to cross a flower bed to get to her car. Plaintiff was injured when her foot fell into an opening at a water utility box in the flower bed. Plaintiff has not shown that the HOA had any knowledge the utility box cover was […]
Another Win for Dogs: Court Allows Emotional Support Dog Violating Association Pet Policy (NJ)
On March 23, the New Jersey Appellate Division decided the case of Players Place II Condominium Association, Inc. v. K.P. and B.F., (A-1304-20) (App. Div. March 23, 2023). Despite a finding that the proposed emotional support dog was too large for the condominium association’s pet policy and a failure by the unit owner to even […]
Class Action Claims Certain Maryland Homeowners Charged Illegal Fees on HOA Dues
A proposed class action alleges Associations, Inc. (Associa), Select Community Services (SCS) and HOAM Ventures unlawfully charge a $2.95 convenience fee when collecting monthly homeowners’ association (HOA) dues from Maryland homeowners. Read the article………………………..
HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims (CA)
In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Read the article………………………..
Boca Condo Offers Case Study in Pitfalls of Prolonged Litigation for Associations, Owners (FL)
This latest of several articles by the newspaper on Boca View’s litigation chronicles how unit owner Eleanor Lepselter is now asking the court to find the association in contempt and impose fines of $500 a day until it complies. It states that deadlines set by two court rulings for the association to produce the records […]
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………………………..
The Superior Court Has The Authority To Determine The Validity Of Board Elections, But What About Recalls? (CA)
Section 709 of the California Corporations Code provides a mechanism for “any shareholder” or “any person who claims to have been denied the right to vote” to obtain a determination by the Superior Court of the validity of any election or appointment of any director of any domestic corporation, or of any foreign corporation if […]
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 […]
Insurer Accused of Fraud and Bad Faith in Homeowners Association Fire Coverage Dispute (CA)
In a recent development, Village Gardens Homeowners Association (HOA) is fighting to keep its counterclaims of fraud and bad faith alive against Great American Alliance Insurance Co. in a California federal court. The case revolves around the insurer’s refusal to cover the HOA in litigation concerning a couple who sustained serious burns in a house […]
Judge’s ruling a setback in quest for public access to N.J. waterfront
A Bergen County judge who ruled in January that an Edgewater condo has to allow public access to the Hudson River waterfront, dismissed a lawsuit from a group that had sought immediate access. Read the article………………………..
Ninth Circuit Affirms Summary Judgment Win by Law Firm in FCRA Class Action Case
The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in a Fair Credit Reporting Act class action, determining that the defendant’s decision to access the plaintiff’s credit report in order to obtain a mailing address so it could attempt to collect on a debt was neither willful nor a violation […]
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………………………..
Virginia Appellate Court Rules HOA Compliance Inspection Fees Violate State Law
The Court of Appeals of Virginia recently ruled that a homeowner association (HOA) violated Virginia law by imposing an annual fee for inspecting each property owner’s lot to ensure that it complied with the HOA’s rules. Read the article………………………..
Federal Court Permits Fair Housing Claim to Keep Six Emotional Support Chickens to Proceed to Trial (MI)
Has your condominium or homeowners association encountered a request for an emotional support animal under the Fair Housing Act? If not, you are likely to encounter a request in the future as requests for emotional support animals in community associations have been on the rise in recent years. HOAs and condo associations are subject to […]
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………………………..
Judge grants public water access to Wells Cove in Eastport (MD)
Residents of the Blue Heron Cove condominiums cannot block the public from accessing Spa Creek in their community, an Anne Arundel County Circuit Court judge ruled Wednesday. 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 […]
After failed talks, Centennial condo owners renew suit against city, county, and APCHA (CO)
The Centennial Homeowners Association is renewing its litigation against three government entities to hold them financially responsible for structural repairs the organization blamed on “decades of water damage caused by shoddy construction and poor design.” Read the article………………………..
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 […]
Homeowners Association Not Responsible for Owner’s Out of Pocket Expenses (NC)
In a recent decision by the North Carolina Court of Appeals, the Court held that a condominium association was not responsible for out of pocket expenses incurred by an owner when she was forced out of her unit while repairs were made. Read the article………………………..
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 […]
Md. high court disbars attorney who withheld default judgment from client
A unanimous Maryland Supreme Court last week disbarred a Lanham attorney whose client, a homeowners’ association, discovered it had lost in court only after its bank had withdrawn the damages award from its account. Read the article………………………..
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………………………..
Illinois Court Rules Condo Association Did Not Properly Elect Directors and Vote to Amend Condo Bylaws
When a party buys a condominium unit in a condominium development that is still in its infancy, many issues may arise, including how control of the board of managers will be transitioned from the developer to the unit owners and how the board will be elected. Read the article………………………..