This year in Sacramento only one major HOA bill, Assembly Bill 3182, passed to become law effective Jan. 1, 2021. The bill creates a new Civil Code Section 4741 banning “unreasonable” HOA rental restrictions. The new law creates some uncertainties but is mostly manageable. Read the article……………………………
Column: In an extraordinary letter, Chicago’s Newberry Library delves into its own past support of racially restrictive covenants (IL)
Race and real-estate are inextricably linked in Chicago. So when the august Newberry Library opened a 2016 exhibition entitled “Civil War to Civil Rights: African American Chicago in the Newberry Collection,” the artifacts on display included a sample of a racially restrictive covenant. What the Newberry Library did not emphasize, though, during that 2016 exhibition, […]
Trial underway over use of Federal Street condo (MA)
After more than four years, a lawsuit over the conversion of a commercial space on Federal Street into housing has made its way to trial. The lawsuit seeks to overturn a 2016 Salem Zoning Board of Appeals decision that allows Richard Jagolta to convert the first floor unit of 107 Federal St., which is zoned […]
MI Court Rules that Dangerous Dog Must Be Removed from Condominium
In Parkview at Orion Commons Condominium Association v Rouhan, the Oakland Circuit Court held that a dog who bit a neighboring co-owner is a dangerous animal that must be removed from the condominium premises. The Court determined, on the basis of the parties’ briefs and without oral argument, that the dog was dangerous, and granted […]
Attorney Fees Not Always Awarded (FL)
Clients are often disappointed to find out that an attorney’s fees are not part of every judgment. Most think it is only fair that because they have been wronged, one way or another, the wrongdoer should pay all of their expenses. That just doesn’t happen often. Read the article…………………………………..
Washington Court of Appeals: Business Judgment Rule Only Protects Directors
The Washington Court of Appeals recently decided in a published opinion that the business judgment rule protects the directors of a condominium or homeowners association from personal liability but does not immunize the association itself. Read the article…………………………………
Developer nears end of endless Long Beach condo dispute (CA)
The developer behind a mostly unbuilt condominium project in Long Beach is closing in on what could be a big payday. Haberman & Haberman won a lawsuit against the Nassau County municipality and a Nassau County judge is now hearing arguments for how much the city should pay in damages, Newsday reported. The builder wants […]
Condo Owner’s Claims Seeking to Hold Developer Liable Survive Motion to Dismiss (MA)
In Hershey v. Mount Vernon Partners, LLC, Judge Green faced dueling motions to dismiss in a dispute arising from the purchase of an “ultra-luxury” condominium in Beacon Hill. Judge Green granted Brett Hershey’s motion, in part, dismissing counterclaims for interference with business relations and violation of the Massachusetts Wiretap Act Read the article……………………………
La Jolla Shores Association pushes forward in legal case against UCSD development plan (CA)
The La Jolla Shores Association has authorized its executive committee to make further decisions regarding a recently filed lawsuit against UC San Diego and the University of California challenging UCSD’s planned Theatre District Living and Learning Neighborhood. The lawsuit was filed last month in San Diego County Superior Court by Escondido firm DeLano and DeLano […]
New Appellate Case Raises Issues For Mixed Use Developments in Florida
A recent decision by the Third District Court of Appeals has engendered uncertainty about the manner of creating mixed used developments containing a residential condominium component in Florida. The case of IconBrickell Condominium No. Three Association v. New Media Consulting, LLC, decided October 7, 2020 involved an appeal from summary judgment granted to an owner […]
Condo Owners Win Lawsuit Over Construction Defects (NY)
Buyers of recently built condominiums with construction defects – by no means an exclusive club in New York City – have reason to rejoice. In a new ruling, the Appellate Division of the State Supreme Court has clarified a 2013 ruling, paving the way for condo boards to seek compensation from sponsors and investors for […]
Dead Tree Lawsuit Against HOA Arborist Dismissed
Contemporary land development policies would not work well without trees. Lot owners use trees for shade, ornamentation, and to screening. Subdivisions, especially cluster developments, often include common areas where trees or shrubs provide dense visual screening of the development. Vegetation can be more attractive and taller than fences. When a tree dies, it transforms from […]
California Clears the Path for Rentals in Residential Common Interest Developments
Consistent with California’s trend of removing barriers to affordable housing, Assembly Bill 3182, which goes into effect on Jan. 1, further limits the ability of residential common interest developments to restrict rentals in their communities. Read the article……………………………
James Cawlo. v. Rose Hill Reserve Homeowners Association, Inc. et al. (Fallen tree) (VA)
New Fairfax Circuit Court opinion in a case where a landowner sued the HOAs tree inspector for failing to determine that a tree in their backyard was dead (the tree fell and hit someone after inspection) Read the opinion (PDF)………………………………….
Circuit Court Upholds Rule Requiring Residents to Sign Assumption of Risk Form As a Condition to Using Certain Common Areas During the Pandemic (VA)
A Charlottesville Circuit Court held that a rule promulgated by a Virginia property owners’ association requiring residents to sign an assumption of the risk form prior to using certain common areas was reasonable. See Norman v. Foxchase Owners’ Assoc., Inc., Case No. CL20-1481 (Albemarle Cnty., Oct. 30, 2020). From what can be gleaned from a […]
This Case Went to the Dogs, Then to Court (NY)
They might be man’s best friend, but what happens when dogs attack the residents of a condominium community? In Board of Managers of Fishkill Woods Condominium v. Gottlieb, the State Supreme Court’s Appellate Division considered that issue, but also the important issues of whether the condominium board had the right to impose fines, and whether […]
Elk Creek Ranch Owner’s Association wins case (CO)
Elk Creek Ranch Owner’s Association prevailed in its lawsuit against developer William H. Wheeler for breaching his fiduciary duties while he was a director on its board. Elk Creek Ranch is a premier fly-fishing and hunting club outside Meeker, Colorado. An eight-person Rio Blanco county jury also found that Wheeler’s company Elk Creek Operations, LLC […]
Court Rules in Favor of Brooklyn Condo Board: Business Judgment Rule Protected Board, Say Attorneys (NY)
Read the article……………………………
Court puts condo investors on the hook for shoddy construction (NY)
New York City condo investors may increasingly find themselves having to dig into their wallets to pay for any construction defects, according to a new court ruling. The Appellate Division of state court upheld a ruling last week that a condominium board does not have to prove a fiduciary or confidential relationship between itself and […]
California 2020 Legal Update
This year’s legislative session was unlike any other, as the novel coronavirus (COVID-19) pandemic forced the State of California and its 2020 legislative session to suspend its routine schedule. As a consequence, the focus of the Legislature shifted to pandemic relief, and for our State’s 40,000+ common interest developments, this means changes to combat issues […]
Animal Accommodation Law: Case Roundup
Disability discrimination is one of the most common fair housing complaints, and it’s no surprise that HUD has filed several discrimination charges for denials of animal accommodation requests in the past few months. We’ve summarized the most notable cases: Read the article…………………………….
Michigan Condominium Association found not liable for violating the Fair Housing Act and PWDCRA in request for handrail
In Estate of Romig by Kooman v Boulder Bluff Condominiums Units 73-123, 125-146, Inc, No. 347653, issued October 15, 2020 (Docket Nos. 347653 & 348254), the Michigan Court of Appeals ruled that a condominium association’s alleged denial of a request to install a railing to accommodate a disabled person did not constitute discrimination in a […]
Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them? (FL)
One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020. The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, Florida […]
$180,442 Fees Award, $2,195 Expert Fee Award Under Section 998, And Certain Other Costs Awarded To HOA And Against Homeowner Sustained On Appeal (CA)
Kashani v. Wilshire House Assn., Case No. B296976 (2d Dist., Div. 1 Oct. 28, 2020) (unpublished) involved a HOA-homeowner dispute involving a right of first refusal battle to bid on a particular condo unit, with the HOA winning on summary judgment where the CC&Rs also had a fee-shifting clause. Read the article………………………………
AB 3182 Checklist (CA)
As you likely know, Assembly Bill 3182 (“AB 3182”) recently passed and will go into effect January 1, 2021. Under AB 3182, any provisions of the governing documents which “unreasonably restrict” renting will be void and unenforceable, with limited exceptions. Read the article………………………………
Texas Court Ruling on Short-term Rentals Aligns with CAI Public Policy
In August, the Texas Court of Appeals ruled that state statute allows for a community association to adopt rules prohibiting short-term rentals. In this case (JBrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Associations, Inc.), a two-unit owner in a community association located in Houston rented their units for periods of one to 10 days through […]
When private security guards shoot someone on the job, SC law treats them like police (SC)
On a private South Carolina island, a fight ended in death and legal questions when a security guard, sent to the scene ahead of deputies, shot and killed a man last week. Authorities said Beaufort County deputies were on their way to a domestic disturbance call that Tuesday but asked two Fripp Island Security officers, […]
Clipper Mill court hearing lifts veil on developer’s tactics to keep residents in line (MD)
Grilling the lawyer handling Larry E. Jennings’ litigation against residents of the Clipper Mill community, Baltimore Circuit Court Judge John Nugent kept returning to one issue: The developer’s request for millions of dollars of damages. “Let me ask you a question: $25 million in punitive damages?” Nugent asked Jennings’ attorney. “What am I to take […]
Case Law Breakdown: Condominium Board Power in the District of Columbia
Condominium boards are constantly struggling with the question: Can we impose this rule? Further, they want to know how to impose it: what votes or amendments are required. Finally, they want to know how to enforce those rules legally and effectively. There are a few reasons why a Condominium Board would want to run these […]
Condominiums, residents sue Virginia Beach over Westminster-Canterbury’s building expansion (VA)
Two condominium companies and two residents filed a lawsuit against the City of Virginia Beach, concerning an expansion of the Westminster-Canterbury retirement community building. The companies and complainants said their sunlight, ocean view and privacy would be impacted by the new, approved structure – and the suit claims the 22-story building near Shore Drive would […]
Competing Needs: Balancing Emotional Support Dog Requests and Resident Allergy and Anxiety Issues (IL)
Emotional support dogs (“Assistance Animals”) in “no-dog” buildings continue to raise sticky legal issues for community association boards and managers. As you will recall, the Illinois Assistance Animal Integrity Act (or “Act,” full text linked here) became effective on January 1, 2020. The Act mandates that if a community association receives an accommodation request for […]
Freedom of speech at issue in today’s Clipper Mill court hearing (MD)
Do Marylanders have a right to free speech? Not if they live in a community controlled by Larry E. Jennings and publicly criticize his plans, the developer argues in a $25 million lawsuit against residents of Clipper Mill. Now those residents are fighting back in Baltimore Circuit Court, asking for Jennings’ lawsuit to be dismissed […]
Developer Liability for Building Code Violations Under Section 553.84, Florida Statutes (FL)
Among the numerous causes of action available to construction defect plaintiffs in the State of Florida, there is Florida Statute Section 553.84, which creates a statutory cause of action for owners based on violations of the Florida Building Code against parties who “committed” the violation. Read the article……………………………..
La Jolla Shores Association and homeowners group sue to fight UC San Diego development project (CA)
After months of opposing the project, the La Jolla Shores Association has joined with a local homeowners group and filed a lawsuit to fight UC San Diego’s planned Theatre District Living and Learning Neighborhood. Read the article……………………………
Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability (FL)
Two New Cases Board Members and Managers Need to Know About – CASE No. 1: On June 12, 2020, the Florida’s Fifth District Court of Appeal (“5th DCA”) entered its opinion in Latheresa Williams, On Behalf Of Herself And All Others Similarly Situated v. Salt Springs Resort Association, Inc., and Bosshardt Property Management, LLC., Case […]
LAWYER: The Bridges HOA Refuses To Release Video Of Slip And Fall (FL)
A “Pure Bill Of Discovery” filed against the homeowner’s association of “The Bridges” claims the HOA’s management company possesses video of a slip and fall in the community’s clubhouse that led to significant injuries. The HOA refuses to release the video to the injured person or his attorney. Read the article……………………………..
An Emotional Support Animal – a Boxer – Lands Condo Board in Court (NY)
In an action sure to send shivers through co-op and condo boards across New York, the federal Department of Housing and Urban Development (HUD) has charged a Long Island condominium complex and its management company with discriminating against a disabled resident who claims the complex blocked her from keeping her two dogs as emotional support […]
Judge denies injunction to remove sex offender from Beatrice neighborhood (NE)
A judge has denied a temporary injunction that would have restricted a registered sex offender from living in a Beatrice neighborhood. The Wildwood Estates Homeowners Association filed a civil complaint in Gage County District Court in August seeking to prevent Jeff Hawks, a registered sex offender, from living in the area. Read the article……………………………..
Political Signs in the HOA (TX, AZ)
With fall 2020 comes another presidential election cycle, making political signs an especially timely topic this year. To assist the board in supporting its community fairly and with empathy this election season, we’re going to cover the kinds of political signs that are protected by Texas and Arizona law and how community associations may regulate […]
Aspen electeds pass short-term rental laws requiring business license, rental permit (CO)
After more than a year of discussion, Aspen City Council on Tuesday passed new legislation that requires all property owners who rent their condos or homes on a short-term basis to have a business license and a vacation rental permit filed with the municipal government. Read the article……………………..
Court lets Fortis off hook for Williamsburg condo defects (NY)
Since purchasing 37 condo units from bankruptcy nearly a decade ago, a Brooklyn developer has denied that it also acquired responsibility for fixing defects in the building. Now, a court has let the developer off the hook. A panel of Appellate Division judges found that Fortis Property Group isn’t liable for damages or defects that […]
AB 3182 Creates a New Law that Restricts Community Associations’ Enforcement of Some Rental Restrictions (CA)
We have bad news. Despite a lot of lobbying work, the legislature passed, and the Governor signed into law Assembly Bill 3182 (“AB 3182”), which amends Civil Code section 4740 and adds a new section 4741 to the Civil Code. Pursuant to the new section 4741, an owner of a condo, home, lot, or unit […]
Indiana Tax Court Permits Limited Use of Form 133 Petition in HOA Case
In a recent decision, the Indiana Tax Court has kept alive a limited portion of a Homeowners’ Association’s (HOA) claims using what was historically known as Indiana’s Form 133 Petition for Correction of Error (Form 133). In Muir Woods Section One Assn., Inc., et al v. Marion County Assessor, Joseph P. O’Connor, 19T-TA-00025 (Ind. Tax […]
Important Fair Housing Laws That You Should Know (IL)
Managing a property or community association is complicated. There are so many rules and regulations that you need to be aware of and it’s hard to keep track of them all. Fair housing laws are diverse like the populations they aim to protect. We often assist property managers, realtors, landlords and community associations (condo, HOA […]
Asbestos Testing Prior to Demolition and Renovation – The Impact of Rule 1403 (CA)
Asked – Our HOA Board of Directors has recently decided to undertake some deferred maintenance projects which require wall renovations, such as re-piping the condominium buildings. Must the Association have an asbestos survey conducted prior to commencing the work? Read the article……………………………..
Court of Appeals Rules The Court’s Evidentiary Gatekeeping Role Applies to Evidence Presented to Support a Request for an Emotional Support Animal (MI)
On September 17, 2020, the Michigan Court of Appeals, in Riverbrook v Abimbola Fabode and All Other Occupants, ___ Mich App ___ (2020) (Docket No. 349065), issued a unanimous decision finding that the district and circuit courts “abandoned their roles as the gatekeepers of evidence under MRE 702” in rejecting a landlord’s attempt to challenge […]
Gov. Murphy: New Jersey lake communities can mandate fees
Gov. Phil Murphy has signed a law that clarifies the terms under which private lake communities and homeowner associations may pursue mandatory assessments on residents who refuse membership. Read the article…………………………………….
SB-908 Signed! Debt Collection Licensing Act (CA)
On September 25, 2020, Governor Newsom signed Senate Bill 908, the Debt Collection Licensing Act (“SB 908”), which creates a new licensing law applicable to debt collectors and debt buyers, administered by the Department of Business Oversight (“DBO”), effective January 1, 2022. Moreover, SB 908 provides for licensure regulation, oversight of debt collectors, definitions of […]
Oroho, Wirths & Space Bill Shielding Homeowners from Unwarranted Association Fees Becomes Law (NJ)
Bipartisan legislation sponsored by Senator Steve Oroho and Assemblymen Hal Wirths and Parker Space (R-24) to protect homeowners from unexpected association assessments and charges was signed by Governor Murphy today. The new law (S908/A2480) clarifies the 2017 Radburn Law that defined homeowner association members as owners of units within a planned real estate development and […]
Distinguishing between Statutory and Non-Statutory Reserves under the Florida Homeowners’ Association Act
Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not […]