In a case of wide-reaching impact, the North Carolina Supreme Court on Friday, June 17, 2022, issued its decision in Belmont Association, Inc. v. Farwig. Read the entire article……………………………….
HOA Restrictive Covenants Impacts (NC)
The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the types of animals that can be considered “household pets.” Read the entire article……………………………….
COA: HOA rightfully granted summary judgment in dispute over pole barn (IN)
A couple who constructed a pole barn on their property without first getting approval from their homeowners association failed to convince the Court of Appeals of Indiana that the trial court erred in granting the HOA summary judgment. Read the entire article……………………………….
COA: Geist Lake homeowners had authority to create association (IN)
A group of homeowners argued that their feud with the developer of their subdivision put an issue of first impression before the Court of Appeals of Indiana, but the appellate panel ruled it did not have to rule on the larger issue because of the “clear and unambiguous language” of the declaration governing the use […]
Impact of New Case Law on Illinois Condominium Deconversions
The sale of all the units within a condominium association, also known as a condo deconversion, has gained momentum over the last few years. Compared to the cost of constructing an entirely new property from the ground up, some real estate investors and developers have found it easier and financially more advantageous to purchase an […]
Texas Town Wins Immunity From HOA Suit Over Single Access Road
The Supreme Court held that, absent a clear abuse of discretion, governmental immunity protects a zoning commission’s determination that a proposed subdivision conforms with applicable law. Read the entire article……………………………….
Community Association Liable for Negligently Installed and Maintained Bollard (FL)
In one recent appellate court case, J.L. Property Owners Association, Inc. v. Schnurr, 2022 WL 39421 (Fla. 4th DCA, January 5, 2022), a developer was found not liable for injuries sustained by a bicyclist who collided with bollards installed by the developer on an association’s common area promenade. Read the entire article……………………………….
Utah Supreme Court Holds HOA Restrictive Covenants Not Signed by Property Owners Are Not Void Ab Initio
The Supreme Court of Utah recently denied the appeal of a group of landowners (the “Landowners”) who sought to invalidate restrictive covenants imposed on them by a homeowners’ association as violative of public policy. See Wdis v. Hi-Country Estates Homeowners Ass’n, 2022 UT 17 (Utah 2022). Read the entire article……………………………….
Home Built in Violation of Restrictive Covenants Must Be Partially Demolished
Building a new home can be an exciting proposition, but it is important to review any declarations, deed restrictions, restrictive covenants, HOA Bylaws and HOA rules before having your plans drafted. It is common for platted subdivisions with homeowners associations to have some form of building restrictions. Common building restrictions in platted subdivisions often relate […]
SJC Decision Narrows the Window for Filing Construction Defect Suits (MA)
“Don’t ask for whom the bell tolls,” an essay by John Donne cautions. “It tolls for thee.” For condominium associations, the statutory bells signaling deadlines for filing construction defect suits are going to start tolling a lot sooner now, thanks to a recent decision by the Massachusetts Supreme Judicial Court (SJC). Read the entire article……………………………….
Judge rules against HOA, in favor of Raleigh homeowner’s dog treat station (NC)
A Wake County District Court judge ruled this week against a homeowners’ association threatening to fine a homeowner for a pet snack station. The argument boils down to who has control over the city of Raleigh’s right-of-way, in this case a sliced of land between the sidewalk and the street. It’s where homeowner Chuck Pringle’s […]
HOA Restrictive Covenants Impacts (NC)
The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the types of animals that can be considered “household pets.” Read the entire article……………………………….
Brittany Chase Fraud Lawsuit Ends in $1.1 Million Settlement (NJ)
More than two-and-a-half years after a fraud lawsuit was filed on behalf of the Brittany Chase Condominium Association (BCCA) against their property management company, a construction company who replaced roofs and former BCCA board members, a settlement has been reached for $1.1 million. Read the entire article……………………………….
Sometimes the Fastest Route Is a Straight Line (NY)
….the matter of Trump Village Section No. 4 v. Gene Vilensky a/k/a Gene Vilenskiy, Index No. 522355/2016 (Kings County), where a residential housing corporation’s concern about alleged statements made in a purchase application played a central role. Read the entire article……………………………….
7th Circuit finds for insurance company in adjuster’s game of chess (IN)
A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: […]
If You Play the Business Judgment Card, I’ll Play the Interested Director Card (MD)
In Cherington Condo. v. Kenney, No. 157, Sept. Term, 2021, 2022 WL 959967 (Md. Ct. Spec. App. Mar. 31, 2022), the Board of the Cherington Condominium Association in Montgomery County voted to require that all residents pay for the maintenance of outdoor spaces around the townhouse units. Read the entire article……………………………….
Associations Assignment Authority to Management Agent Confirmed (FL)
In Seaside Town Council v. Seaside Community Development Corp, 1D19-755 (Fla. 1st DCA 2021), Florida’s First District Court of Appeal (“DCA”) reversed the trial court’s judgment in favor of Seaside Community Development Corp. (“Developer”) holding that Seaside Town Council (“STC”), as the management agent with assignment of enforcement right by the associations, had standing to […]
Appeals Court Case Protecting Homeowner Association’s Rights in Private Roadway (MA)
In Michael A. Tribuna, Trustee v. Jennifer Cohen et. al., Appeals Court Docket No. 21-P-197, a case litigated in the Appeals Court by Chris Malloy and Kate Brady, the Appeals Court rejected an attempt by a subdivision homeowner to exercise his easement rights to unilaterally alter and expand a roadway which serviced all the lots […]
Federal judge dismisses suit by Omni Amelia Island against property owners (FL)
A fight between Omni Amelia Island and the property owners in Amelia Island Plantation (AIP) ended on one front Monday when a federal judge ruled Omni didn’t go through proper procedures in its effort to defend and consolidate its power over the large south Amelia Island development. Read the entire article……………………………….
Washington Supreme Court Upholds Homeowners Association’s Assessment Decision
The Washington Supreme Court recently issued an opinion upholding a homeowners association’s member-ratified decision to raise funds through a combination of use-based fees and per-lot assessments as authorized in its governing documents. Read the entire article……………………………….
CAI Announces Amicus Win in the Texas Supreme Court
The Supreme Court of Texas determined that a party may qualify as a “prevailing party” under the Uniform Condominium Act by the parties who bring claims or successfully defend against claims. This case concerned whether a defendant condominium association is entitled to attorneys’ fees after obtaining a take-nothing judgment on claims by a plaintiff unit […]
Kalway v. Calabria Ranch HOA, LLC (AZ)
On March 22, 2022, the Arizona Supreme Court issued the decision of Kalway v. Calabria Ranch HOA, case CV020-0152-PR. This decision severely restricts homeowners associations’ rights to amend their governing documents. The Court concluded that associations may only amend their governing documents where the original declaration gives sufficient notice of the possibility of a future […]
Colorado Court of Appeals affirms ruling in 2019 Loveland foreclosure case, vacates order to pay
The nearly three-year-long foreclosure case of Loveland resident Martha Hummel has entered a new chapter after the Colorado Court of Appeals ruled on an appeal filed by the company that bought her house following the 2019 foreclosure. Read the entire article……………………………….
Villages of Cascade Homeowners Association, Inc. v. Edwards (GA)
Court reverses denial of Homeowners Association’s motion for summary judgment on injured resident’s claims for premises liability, nuisance, and punitive damages Read the decision (PDF)…………………………………….
Texas Supreme Court restores attorney’s fees award to defendant condo association
The Texas Supreme Court recently reversed an appellate court decision wiping an award of attorney’s fees to a defendant condominium association that prevailed in a breach of contract lawsuit. Read the entire article……………………………….
Michigan Court Of Appeals Confirms Need To Pay Condo Dues
In Frye v. Golfpointe Village Condominium Association, ____ Mich. App _____, No. 355864 (2022), the Michigan Court of Appeals affirmed a trial court’s decision granting the Association summary disposition in a case where a Co-owner challenged the Association’s foreclosure action. Read the entire article……………………………….
Amending CC&RS – Lessons From Kalway V. Calabria Ranch HOA (AZ)
On March 22, 2022, the Arizona Supreme Court issued a decision in the case of Maarten Kalway v. Calabria Ranch HOA, LLC et al., which addresses the ability of community association members to amend an association’s recorded declaration of covenants, conditions and restrictions (“CC&Rs”).Read the entire article……………………………….
New Appellate Decision Impacts Declaration Amendments (NC)
In a decision issued today (April 5, 2022), the North Carolina Court of Appeals makes potentially significant changes to how amendments to declarations are adopted. As a result, associations considering declaration amendments should consult their attorney to make certain the process meets the new standards for adoption. Read the entire article……………………………….
Arizona Supreme Court Rejects Unforeseeable HOA Amendments
In Maarten Kalway v. Calabria Ranch HOA LLC, et al., the Arizona Supreme Court weighed in on the issue of whether a homeowners’ association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions, and restrictions (“CC&Rs”) to place restrictions on landowners’ use of their land. The court ultimately held that general-amendment-power provisions may […]
2021 HOA Case Law Review (CA)
Various cases from California regarding community associations Read the entire article……………………………….
New Decision Gives Washington HOAs Broader Deference in Allocating Assessments
Surowiecki vs. Hat Island Community Association et al. is an important decision for homeowners’ associations throughout Washington State. It gives associations broad deference when deciding how to allocate assessments. So long as the association is making a discretionary decision in a procedurally valid manner and with reasonable care, the courts will not second-guess the association. […]
Distinguishing between maintenance responsibility and financial responsibility in the wake of damage to condominium property (FL)
Forgetting to turn on the air conditioner before heading back up north for the summer and coming back to find mold growth. An undetected pipe leak. Forgotten running faucets that spill over onto the floor and beyond. Read the entire article……………………………….
Court confirms Carefree’s water storage reservoir (AZ)
The Arizona Supreme Court reaffirmed Carefree’s right to construct an underground water storage reservoir, denying the Boulders Homeowners Association’s motion to halt construction on March 8. “Having considered the motion and response, based upon the information provided and the interests at issue, and in the exercise of this Court’s discretion, it is ordered denying the […]
Brooklyn federal judge defeats misconduct case over Florida condo
A federal judge in Brooklyn has been cleared of misconduct over allegations he misused judicial resources and capitalized on his position’s prestige to complain about construction at his Florida condo building and win a seat on the condo association’s board. Read the entire article……………………………….
Short-Term Rentals Are a Residential Use in Most Washington Community Associations
With the rise of Airbnb and other similar services, more and more homeowners are looking to rent out their property on a short-term basis. Whether a homeowner is allowed to do so is a question that can be answered by reviewing the association’s restrictive covenants found in the community’s Declaration of Covenants, Conditions, and Restrictions […]
Does the Class Action Fairness Act Allow Appeals of Sua Sponte Remand Orders?
A recent Eleventh Circuit decision on the Class Action Fairness Act (CAFA) caught my eye. It involves the kind of question legislators (and their staffs) probably never think about when drafting a statute. Law professors dream up these types of questions when trying to find a way to puzzle their students on an exam. It’s […]
Court Requires More Disclosure For Michigan Condos And HOAs
A Michigan Court of Appeals decision suggests courts will view Michigan owner requests to inspect condominium, homeowner, and community association documents quite broadly and will generally frown on refusing to allow inspections absent very compelling reasons. While some legal questions remain, and cases like this will depend on their specific facts, the trend appears to […]
Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative Defense (FL)
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections afforded by the business judgment rule even if the defendant did not plead the rule as an affirmative defense. […]
Law firm representing Hideaway Hills residents files appeal (SD)
Court appeals continue in the original lawsuit against the state on behalf of residents in the neighborhood where a sinkhole opened in April 2020, while a new case has been filed against the state. Read the entire article……………………………….
Appeals Court Decision Affects Michigan Condo Developers
The condominium association attorneys at Makower Abbate Guerra Wegner Vollmer won a significant published decision relevant to any Michigan condominium established ten or more years ago. Elizabeth Trace Condominium Ass’n v American Global Enterprises, Inc., ___ Mich App ___, No 355243 (2022) is the most recent in a series of Michigan Court of Appeals cases […]
Oregon Court of Appeals Addresses Conversion of Golf Course Land to Residential Subdivision Over Protest of Homeowners Association
In desirable areas of the Pacific Northwest, including Portland, Seattle, and Central Oregon, disputes and concerns relating to land development, lack of developable property within urban growth boundaries, and the effects thereof on supply and demand of homes and home prices have taken center stage.1 Read the entire article……………………………….
PARK SUTTON CONDOMINIUM, INC. and BARKAN MANAGEMENT, LLC v. DORA C. JOHNS (MD)
In the Circuit Court for Montgomery County, Dora C. Johns, appellee, brought an action against Park Sutton Condominium, Inc. and Barkan Management, LLC, appellants, for breach of contract, negligence, nuisance, trespass, fraud, and negligent representation. Appellants answered her Complaint and filed a Motion for Summary Judgment, which was granted as to the nuisance and trespass […]
Case Law Breakdown: Right to Assign Parking in the District of Columbia
Association boards (and owners) often ask what the law is in a certain situation. They want to know: “Is this legal?” For various reasons, sometimes the answer is, “it depends.” Often this is because their precise situation has never been addressed in a binding precedential opinion; if the question is one of first impression in […]
Appeals Court Decision Addresses the Permissibility of Electronic Voting when the Condominium Bylaws do not Expressly Authorize the Practice (MA)
On February 2, 2022, the Appeals Court issued a noteworthy decision providing that the use of electronic voting did not violate a condominium’s bylaws by permitting unit owners to cast votes remotely in advance of the annual meeting even though the bylaws did not expressly authorize the practice. Read the entire article……………………………….
Rebuilding a Michigan Condominium After a Fire
Having a fire in a condominium project is a terrifying thought. In addition to the risk of loss of life, there is a high probability that a condominium unit and the common elements will be damaged, or worse, destroyed. In the event of fire damage, the condominium documents should designate the condominium association’s and co-owners’ […]
After Reversal of Prior Judgment Finding No Easement, Defendant HOA Was Properly Awarded $731,682.08 In Section 1717 Fees And $111,540.01 In Costs (CA)
Ranch at the Falls LLC v. Indian Springs Homeowners Assn., Inc., Case No. B311278 (2d Dist., Div. 8 Feb. 10, 2022) (unpublished) demonstrates how a change of fortune through a reversed judgment and application of judicial estoppel can certainly alter the results in a case. Read the entire article……………………………….
Will The Association’s Denial Of An Architectural Request Withstand Challenge? Many Won’t—Find Out Why (FL)
For many homeowners associations, a top priority is ensuring that the homes in the community are maintained in conformity with the “community-wide standard.” But, what is this subjective standard? How is compliance measured? What is the process to be judged when a request to the association’s architectural review committee (ARC) is made? Read the entire […]
Nevada Supreme Court Holds Challenges to HOA Liens Subject to 4-Year SOL, Which May Not Be Triggered by HOA Sale
In response to certified questions from the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court recently held that: (1) an action seeking to determine the validity of a homeowners association lien under NRS 40.010 is subject to NRS 11.220’s four-year statute of limitations; (2) the four-year statute of limitations does not […]
Insurer wins ruling in rescission of homeowners association’s policy
A federal appeals court Monday ruled in favor of an insurer that sought to rescind its policy for a homeowner’s association, holding the association had failed to disclose a situation likely to give rise to a claim in its coverage application. Read the entire article……………………………….
East Village Co-op Board Fails to Evict “Neighbor From Hell” (NY)
Ever since the Court of Appeals of New York issued its landmark Levandusky decision in 1990, co-op and condo boards have been protected by the sturdy armor of the business judgment rule. It states that so long as a board acts in good faith, within the scope of its authority and for the purposes of […]