Court opinions could change residential lending

The landscape for residential lenders in Oregon and Washington is changing quickly. Three recent appellate court opinions have the potential to significantly impact how residential lenders do business in the Pacific Northwest.  Read More……

VA: Community Associations and the Power to Adopt Rules and Regulations: Is it more limited than we think?

Community Associations that have adopted rules and regulations that permit the association to avail itself of the enforcement capabilities found in Va. Code Ann. § 55-79.80:2 or § 55-513(B) should have counsel review the governing documents or condominium instruments, as applicable, in light of an unpublished Virginia Supreme Court order in Shadowood Condominium Association et […]

Indiana AG files lawsuit against three board members of The Harbours

“Today’s lawsuit is the first of its kind under a new state law allowing the Attorney General’s Office to regulate homeowner associations,” said Gabrielle Owens, director of the Homeowner Protection Unit and Licensing Enforcement Unit of the Indiana Attorney General’s Office. “Board members have a fiduciary duty to serve in the interest of those they […]

Some Possible Implications Arising From California Supreme Court’s Pinnacle Decision

On August 16, 2012, our state supreme court issued its opinion in Pinnacle Museum Tower Assn. v. Pinnacle Market Development, Case No. S186149 (Cal. Sup. Ct. Aug.16, 2012). The high court found that CC&Rs mandating arbitration between developers and homeowner associations (HOAs) were enforceable under the Davis-Stirling Act and were not unconscionable in nature. There […]

Privity, Shmivity, Says The California Supreme Court – A Provision To Arbitrate Construction Disputes In Recorded CC&Rs Will Be Honored If Not Unreasonable

Arbitration is a matter of consent, right? Because there can be no meaningful consent between a developer that drafts covenants, conditions, and restrictions containing a provision requiring arbitration of construction disputes, and a homeowner’s association (HOA) that doesn’t yet exist, how can the HOA in such circumstances be bound by the arbitration clause? That was […]

Homeowner Associations/POOF!: Strange Procedural Posture Requires Reversal Of $46,300 Fee/Costs Order When Judgment of Dismissal Reversed in Fourth Appeal of Dispute Involving Homeowner and HOA

Well, the fourth appeal in a longstanding mold/water intrusion/infestation dispute between a homeowner and HOA involved homeowners’ challenge to a judgment of dismissal in favor of HOA as well as the lower court’s order awarding HOA attorney’s fees of $37,336 and costs of $8,972.  Read More……

Arbitration Decision Coming Soon

On Tuesday, May 29, 2012, the California Supreme Court heard arguments from both sides in Pinnacle Museum Tower Association v. Pinnacle Market Development, in which the Court will decide whether a homeowners association is bound by an arbitration provision contained in its declaration of restrictions (“CC&Rs”).  Read More……

AB 1720 Signed into Law Requiring Access to Gated Communities for Licensed Private Investigators for the Limited Purpose of Service of Process

California Governor Jerry Brown recently signed AB 1720 into law. The bill, introduced by Assembly Member Norma Torres, aims at ensuring that state-licensed private investigators are provided access to gated communities to serve process, just as licensed private investigators are able to serve process everywhere else. State law currently ensures that registered process servers are […]

Déjà Vu All Over Again: Political Signs in Community Associations

As reported in the Press of Atlantic City, Anita Carbonara has two signs in support of President Barack Obama in the windows of her Barnegat Township home. The Board of Trustees at the Heritage Point, Ms. Carbonara’s homeowners’ association, wants the signs removed. Ms. Carbonara previously made a request to the Board to allow her […]

For Whom the Bill Tolls: Board Sues AT&T for 18 Years’ Cell-Tower Electicity

Calling AT&T: Why have we been paying your electric bill for 18 years? That’s the question the condo board of The Leonori condominium — where residents include the actor Samuel L. Jackson and former Morgan Stanley CEO John Mack — has put to the telecommunications giant after discovering the building has been paying to power […]

Court Tells Board in Foreclosure Case: The Guy Paid. What Else You Want?

Most condominium boards and their managers and attorneys act in what they perceive to be the best interests of their condo associations. But when one Manhattan board in an arrears foreclosure tried to not let the owner pay, and then tried to not tell the court when it did let the owner pay, the judge […]

Ruling opens door for Sellersburg to annex Covered Bridge

The Indiana Court of Appeals has upheld Clark Superior Court’s 2010 decision that voided the incorporation of Covered Bridge as a town. The appeals court also upheld the lower court’s dismissal of a petition signed by more than 600 residents of the golf community and surrounding rural area who opposed Sellersburg’s proposed annexation of their properties. […]

Court ruling could increase liability of individual condo, co-op board members

New Yorkers may become even more reluctant to sit on the board of their condominium or co-op building. A decision handed down by the state appellate court this month could increase the likelihood that individual board members will be held liable for their building’s decisions, the Wall Street Journal reported.  Read More……

Ticky Tacky Little Governments: A More Faithful Approach to Community Associations Under State Action Doctrine

Community associations are an innovative solution to a myriad of challenges that arise in the ownership of residential property. They solve collective action problems and fulfill desires in the common pursuit of neighborhood harmony. But when community associations go too far to conform and perfect the neighborhoods they govern, they often intrude on the fundamental […]

HUD charges MN management co. with discriminating against families with children

The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging a Minnetonka, MN, condominium association and its management company, Gassen Company, Inc., with violating the Fair Housing Act by discriminating against families with children under the age of 18. According to HUD’s charge, Greenbrier Village Condominium III Association allegedly maintained […]

Homeowner Associations/POOF!: Reversal Of HOA Award Means Homeowner Survives To See What Happens On Remand

Homeowner Association (HOA)/homeowner disputes seem to be very acrimonious. However, depending on who prevails, there may be fee exposure under Civil Code section 1354 (CC&R enforcement) or Civil Code section 1717 (contractual fee enforcement). But, each side may have to wait until the end of the day–including numerous appeals–to decide who prevails, so that may […]

MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION v. KHAN

MAZDABROOK COMMONS HOMEOWNERS’ ASSN v. KHAN MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION, Plaintiff-Appellant, v. WASIM KHAN, Defendant-Respondent. No. (A-65-10), September Term 2010 (067094).Supreme Court of New Jersey.Argued October 24, 2011.Decided June 13, 2012.  CHIEF JUSTICE RABNER delivered the opinion of the Court. The question in this appeal is whether a homeowners’ association can prohibit residents from posting political signs […]