They didn’t pay $250 in homeowners association fees. For that, one Midlands couple lost their home of 21 years. Unbeknownst to Devery and Tina Hale, their $128,000 house in Irmo was sold at auction for $3,000 in 2014. Read the article……………………………
Condo owner alleges security guard’s call to police resulted false arrest, imprisonment (TX)
A Houston condo owner alleges she was falsely arrested, imprisoned and hospitalized after a security guard at her condo community called the police, saying she was a danger to herself and others. Read the article………………………..
New Appellate Case: Is Your Architectural Process Fair and Reasonable? (NC)
In a decision issued today (December 17, 2019), the North Carolina Court of Appeals examined the authority of an association to review and deny submitted architectural plans. This is the second architectural committee decision from the Court of Appeals this year. Read the article………………………….
Condominium and HOA Boards Beware of Holding “Executive Sessions” (FL)
I am often asked by association boards if the board can meet in “executive session” to discuss a sensitive topic, such as a personnel matter or dispute with an owner or neighborhood association, without members present. Read the article………………………….
Illinois Appellate Court finds Building Contractor is Without Legal Capacity to Bring Counterclaims 3 1/2 years after Dissolution (IL)
The Illinois Limited Liability Company Act (Act) permits an LLC to continue after dissolution solely to wind up its business, and only for a reasonable time. In Sienna Court Condominium Assoc. v. Champion Aluminum Corp., 2017 IL App. (1st) 143364, the Illinois First District Appellate Court determined that the “reasonable time” limitation applied to the […]
Lazy KV Estates case heads to district court (CO)
Two Lazy KV residents are continuing to seek legal recourse to settle accounts with the Lazy KV Homeowner’s Association (HOA) regarding claims for services earlier this year. This following two successful court proceedings and a recent request to enforce a court order resulting from the second suit. Read the article…………………………
Sidewalk Shed Trespass Claims Dismissed against Condo (NY)
In New York City, sidewalk sheds are typical. In many instances, buildings have to install them to perform facade work. If dangerous exterior conditions exist, a sidewalk shed might have to be installed on an emergency basis. That’s exactly what happened at the Icon Building located at 306 West 48th Street back in 2017. Read […]
Important California Laws To Protect HOA Owners Related To Accessory Dwelling Units & Religious Decorations On Doorways
When deciding to relocate to a new state, it is important to be constantly aware of new legislation that is going into effect related to your housing circumstances. This is also important for established residents to remain informed about their housing development and what protections they have. This is particularly true in California where recent […]
New Michigan bill cracks down on fake emotional support animals in rental units
People trying to pass off pets as emotional support animals in order to avoid fees charged by landlords could be guilty of a misdemeanor under a bill that unanimously passed the House Regulatory Reform Committee on Tuesday. Read the article……………………..
Miami Transfer Fee Controversies: A Wake Up Call for Associations (FL)
Condominium associations across South Florida have come under scrutiny for imposing mandatory, non-refundable “transfer fees” on residents in connection with the lease or sale of units. Indeed, several years ago this firm was quoted in an article in the Miami Herald addressing the issue, and this year, a class action lawsuit resulted in an association […]
Condo manager defeats lawsuit over stone that fell on boy (MD)
The Maryland Court of Special Appeals has affirmed a lower court’s ruling of summary judgment for Summit Management Inc. in negligence case over a child’s injuries. Read the article………………………..
Court gives Wiggle Room for Condo Declaration and Bylaw Amendments Done Incorrectly (NY)
Amending condominium declaration and bylaws can be difficult; particularly if boards are not guided properly. The original bylaws when the condo was conceived by the sponsor may be outdated, incorrect or need to be changed for a myriad of other reasons. If the board doesn’t do it correctly, the condo could get caught up in […]
HB 5260: Exempting Condominiums from the Marketable Record Title Act (MI)
As previously discussed in, Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk, the Michigan Marketable Record Title Act, MCL 565.101, eq seq., was amended at the end of 2018, via 2018 PA 572, and may have unforeseen consequences for Michigan condominiums and homeowners associations. As a result of the 2018 […]
Is Your Association’s Website Exposing Your Community to Liability for ADA or FHA Violations?
Let’s face it, we do almost everything online – from shopping to paying bills. Following that trend, many community associations also conduct a lot of activity through a website, including; paying assessments, advertising sales or rentals, or posting documents, notices, minutes, and social calendars for members to easily access. In fact, the Florida legislature passed […]
Insider Real Estate and Community Association Law Update (FL)
The Grand is a mixed-use condominium that has been the subject of a number of important appellate decisions involving Florida condominium law including United Grand Condo. Owners, Inc. v. Grand Condo. Ass’n, 929 So. 2d 24 (Fla. 3d DCA 2006), Grand Condo. Ass’n v. Cohn, 970 So. 2d 365 (Fla. 3d DCA 2007), and Cohn […]
Combating Serial Bankruptcy Filings
Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association to incur additional costs and increases the amount of debt owed while the debtor continues to live on the property without paying the Association. Read […]
Washington Court Upholds Process Service of Owner by Publication
In a recent unpublished opinion, the Washington Court of Appeals decided that a condominium association was entitled to serve an owner with a lawsuit by publication. Read the article………………………….
Condo Foreclosure Buyer Snoozes and Loses – Board gets to Keep Deposit (NY)
This is a classic story of “you snooze, you lose”. A Brooklyn condo board at 442 St. Marks Avenue Condominium fought hard to collect over $88,000 in arrears from a unit owner. In the end, after a long fight, the board gets to keep $49,000 in a good faith deposit by a purchaser at the […]
Fort Lauderdale had right to say no to 21-story tower, court says (FL)
Three men stood in the way of a controversial 21-story tower slated to replace a three-story condo near the U.S. 1 tunnel in downtown Fort Lauderdale. And their rejection of that 800-unit tower, proposed for the south side of the New River just west of the tunnel, got the city sued. Read the article…………………………..
Ridgway Lane father, son put homes up for sale amid HOA embezzlement investigations (MS)
A father and son, accused in multiple homeowner association embezzlement lawsuits, transferred the deed of a home to a spouse and put two homes up for sale amid an escalating investigation into their finances. The attorneys for four homeowners associations on Friday said David L. Lane and his son, David W. Lane, violated a court […]
Board Members Stuck in Lawsuit Individually – Business Judgment Rule Doesn’t get them out on Summary Judgment (NY)
Whenever cooperative, condominium or HOA board members are sued individually in a lawsuit, the first thing counsel will try to do is get the case dismissed against the individuals. The general principle is that if the board members did not commit tortious acts independent of their decision making as board members, then they shouldn’t be […]
Defaulted Mortgagee Saved By Distinction Between Note and Mortgage Claims (OH)
Previously, I wrote blog posts on planning commercial litigation and the considerations involved in voluntarily bringing claims in one lawsuit as a plaintiff. See Planning Commercial Collection Litigation: A Primer and Joinder of Claims in Commercial Foreclosure Litigation is a Choice. The lessons of those posts were applied to save a mortgage lender in Villas […]
Second District Affirms $67,458.07 Attorneys’ Fees Awarded To Prevailing Defendant On Remand (CA)
We first discussed our next case – Durack v. Wang, Case No. B293597 (2d Dist., Div. 7 November 18, 2019) (unpublished) – in a September 27, 2017 post. In that appeal, Wang, who prevailed on demurrer against most of plaintiffs’ causes of action – with the remaining causes of action voluntarily dismissed by plaintiffs – […]
7th Circuit: State Farm estimate $89K lower than final award not proof of bad faith (IN)
An initial State Farm residential estimate more than $14,000 below the company’s independent appraiser’s and nearly $89,000 below the final umpire award wasn’t proof of bad faith, the Seventh Circuit U.S. Court of Appeals ruled earlier this month. “At best, it may suggest that State Farm’s first inspection was inadequate,” Circuit Judge Amy St. Eve […]
Your Tenant’s Water Leak Damaged My Unit – Now Pay Up – 4th DCA Says Otherwise (FL)
In Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849 (Fla. 4th DCA 2019) the Court held Section 718.111(11)(j), Florida Statutes, does not provide a private cause of action against condominium unit owners for the alleged negligence of the unit’s tenants. The decision underscores the complicated nature of Section 718.111(11), Florida Statutes, […]
NY’s First Department Walks Back Pomerance Condo Document Inspection Rights a Little Bit
New York’s Appellate Division, First Department (which covers the Manhattan and Bronx) just decided a case by a unit owner seeking to inspect certain condominium records. In Frankel v. Board of Managers of the Central Park West Condominium, the Court just decided on November 14, 2019, that dismissal of the plaintiff unit owner’s claim seeking […]
New Roofs Must Now Be Green or Solar or Both (NY)
Local Laws 92 and 94, part of the Climate Mobilization Act, go into effect on Nov. 15. They require that all newly constructed buildings and all buildings undergoing a complete roof replacement must have a “sustainable roofing zone” covering the entire roof surface. A “sustainable roofing zone” is defined as a solar photovoltaic electricity-generating system, […]
Smugglers’ Notch Resort Settles Class Action Lawsuit With Its Homeowners (VT)
Smugglers’ Notch Resort has agreed to settle a class action lawsuit that alleged it was overcharging homeowners for routine property maintenance. A Vermont Superior Court judge on Tuesday approved a settlement that calls for Smuggs to change how it charges homeowners at the resort for services such as landscaping, snowplowing and security along its roads […]
Droning On and On…Should Associations Use Them to Catch Violators in the Act? (CA)
Serial dog poop litterers, unauthorized parking of vehicles, architectural violations, smoking nuisance—the list goes on and on when it comes to common “repeat violations” that a homeowners association (“HOA”) encounters on a day-to-day basis. With the increasing number of repeat violations and limited number of HOA board members and property managers, questions have surfaced whether […]
5 feet or 10 feet, Which Is It? The Confusion Within The New Jersey Fire Code Regarding Portable Propane BBQ Grills
Everyone enjoys a good BBQ, and making sure they are safe should be a priority for any board in a community association. In the mid 2000’s, community associations throughout New Jersey saw a flurry of rule adoptions to comply with the New Jersey Fire Code at the time, which generally prohibited portable propane BBQ grills […]
Condo complex loses 7th Circuit appeal in hail damage dispute (IN)
An Indianapolis condo complex cannot seek more than $1 million in damages on a loan it took out to replace the shingles on its buildings, the 7th Circuit Court of Appeals ruled Friday. A storm that passed over the Villas at Winding Ridge condominium complex in 2013 resulted in minor hail damage, but the damage […]
Disclosure Law Now Exempts Condo Owners (NY)
There’s a new twist in the real estate law that required LLCs to list the names and addresses of all individuals with ownership interests. Condo owners are no longer included in the law – the law only applies to one- to four-family homes. Read the article………………………….
Uniformity in jeopardy: League City’s building codes pre-empted by new state law (TX)
According to the Texas Municipal League, private deed restrictions and homeowners association rules will remain intact despite the new law. These are two ways cities can attempt to continue to restrict what materials can be used to construct buildings, HooverRead the article…………………………… said.
Deck Police – The New Mandate for HOA’s Takes Safety to the Next Level (CA)
A recent California law will hold homeowners’ associations accountable for the safety of their decks. SB326 now mandates all homeowners’ associations to have decks inspected at least once every nine years by an architect or structural engineer to determine whether the decks are safe and waterproof. This law (Civil Code section 5551) follows SB721 which […]
Court slaps down South End garage owner’s legal complaints about neighboring condo building (MA)
The Supreme Judicial Court today told the owner of a garage that wraps around a condo building at 477 Harrison Ave. to knock it off with retaliatory legal filings over the building’s construction. Garage owner Arthur Leon and developer Holland Development have been battling in court and before the Boston zoning board since 2012, not […]
HOA Homefront: Election processes get a lot more difficult in 2020 (CA)
An extensive overhaul of HOA election procedures takes effect in 2020 after the passage of Senate Bill 323. Here is a recap of the many changes: The law at Civil Code 5100(g) will finally allow votes by acclamation when, at the close of nominations, there are not more candidates than open seats. Unfortunately, it only […]
Lakewood’s Enclave homeowners association ordered to pay Orthodox Jewish plaintiffs $86,000 for lawyer bills (NJ)
The Enclave at the Fairways Homeowners Association must pay some $86,000 in legal fees incurred by Orthodox Jewish residents who sued the organization for religious discrimination in a 2017 case. Read the article…………………………
Co-ops Seeking Protection From the Tenant Protection Act (NY)
Two bills have been introduced in the state Legislature to carve co-ops out of the Housing Stability and Tenant Protection Act. The intention of the act, which was signed into law by Gov. Andrew Cuomo on June 14, 2019, was to provide protections to the millions of tenants in rental properties in the state of […]
Why Am I Being Deposed? Unit Owner Depositions in Transition Litigations – a Primer (NJ)
The unit owners in your condominium have been noticed for deposition in the pending transition litigation. Now they have come to you, the property management team, with questions. What should they expect at the deposition? What kinds of questions can they be asked? Did they do something wrong? Will they have to testify at trial? […]
The Evolving Landscape of Sex Discrimination in Housing
On its face, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission is a discrimination claim solely relegated to the employment world; however, the United States Supreme Court’s decision on whether sex discrimination includes a person’s transgender or transitioning status and a person’s refusal to conform to sex-based stereotypes will also impact […]
Is a Construction Defect Plaintiff Entitled to Prejudgment Interest for Unrepaired Defects? (FL)
Prejudgment interest is a type of compensation payable to the plaintiff from the time the cause of action accrues until the time of the final judgment. Under Florida law, prejudgment interest is merely another element of pecuniary damages that is intended to make the prevailing party whole from the date of loss, once a finder […]
No Diving: What You and Your Property Manager Should Know Could Hurt You (FL)
In an unpublished opinion from the 11th Circuit Court of Appeals, a three-judge panel unanimously reversed summary judgment which had been entered in favor of a property management company — Paradise Beach Homes (“PBH”) — in a premises liability suit which alleged PBH failed to warn guests about the danger of diving off the pier […]
‘Right to dry’ law would protect clotheslines (MA)
Hanging out the wash used to be a regular chore, whether strung on a line across a backyard or back alley, until the advent of gas and electric dryers made it unnecessary. Then local codes and condo rules came along and stopped anyone thinking of stringing up their shirts, pants and underwear in their tracks. […]
Condominium Mechanic’s Liens
Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium. Read the article……………………….
Developer Can Use Working Fund Contributions to Offset its Financial Obligations to a Homeowner Association (FL)
It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations. The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments. In a recent opinion, […]
‘Elevated elements’ must be inspected under new law (CA)
A balcony collapsed in Berkeley in 2015, causing six deaths and injuring seven. Consequently, Senate Bill (SB) 721 passed in 2018 and took effect in 2019, creating Health and Safety Code 17973. This law now requires inspection of elevated balconies, stairways, walkways, and other “exterior elevated elements” every six years. The new law exempts Davis-Stirling […]
Recent Changes to Co-op & Condo Laws: Managing the Impact on Your Community (NY)
This past June, the New York State Legislature and Governor enacted into law a sweeping overhaul of landlord-tenant relations throughout the State; just a few days later, these same powers enacted amendments to those amendments. While relatively few of the 74 pages of densely-written text directly affect cooperatives and condominiums, boards and managers should be […]
How to Protect Your Community Association from a Lawsuit
Facing litigation from an HOA member is something all board of directors must take seriously. From pet issues to issues involving discrimination, knowing how to handle the situation is best left to a qualified attorney and a professional community association management team. Navigating real estate and other types of associated laws is something most volunteer […]