Home > Law
0 views 2 sec 0 Comment

Law

/ Owner - June 8, 2012

Legal & Legislative News from CAN

  • When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO) February 21, 2024
    The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.    Read the article…………………………….
  • Idaho Supreme Court sides with developer in Teton County case February 21, 2024
    The case arises from a dispute regarding a condominium development and dates back to 1995. That’s when a lot in Driggs was approved for Planned Unit Development with up to 16 standalone condominiums.  In 1995, TCR’s lot owned by TCR, LLC, the developer of Teton Creek Resor, was approved for Planned Unit Development with 16 standalone condominiums. However, a dispute arose in 2020 when county officials refused to record the plat, claiming TCR hadn’t submitted necessary documents.   Read the article…………………………….
  • Bill that would provide $175,000 to stormproof condos nears finish line (FL) February 21, 2024
    Condominium associations near Florida’ coast will get access to $175,000 per association in state funds for storm-proofing projects under a House bill that’s nearing the finish line. The Senate version of the bill does not have a cap.   Read the article…………………………….
  • Lawmakers advance bill that would void HOA rules that block wildfire-hardening (CO) February 21, 2024
    A Colorado Senate committee on Tuesday advanced legislation that would block homeowners’ association rules that prevent residents from using fire-resistant building materials, a change that firefighters and insurance experts say would give communities more options to harden properties against climate-fueled wildfires.   Read the article…………………………….
  • Discrimination in HOAs: A Claim That Must Be Taken Seriously February 20, 2024
    Attorneys have seen an uptick in cases of alleged discrimiation in HOAs and condo associations. Complaints can become costly and stressful for an association.    Read the article…………………………….
  • Homeowner association regulations proposal expected in short session (NC) February 20, 2024
    Proposed changes to how North Carolina regulates homeowners’ associations expected to be introduced as a bill in the short session was reviewed by lawmakers on Tuesday.  Staff with the General Assembly’s Legislative Analysis Division outlined five recommendations from the Select Committee on Homeowners’ Associations in the House of Representatives following several hearings on a variety of complaints from the public.    Read the article…………………………….
  • Kansas homeowners seek lawmakers’ help overriding HOA rules governing solar panels February 19, 2024
    Nearly four years ago, Wichita resident Jeff Terhune sought approval from his local homeowner’s association to install solar panels on his home. He hoped to save money on his utility bills, take advantage of federal tax credits and reduce his carbon footprint.    Read the article…………………………….
  • Threat of Litigation Not a Good Idea when it comes to Housing Discrimination Complaints (NY) February 18, 2024
    New York’s highest court decided that the threat of litigation may support a retaliation claim under the New York State Human Rights Law. The Human Rights Law prohibits retaliation against those who make discrimination complaints or engage in other protected activity. The New York Court of Appeals definitively decided that the threat of litigation itself may constitute the requisite adverse action under the Human Rights Law to support a retaliation claim.   Read the article…………………………….
  • Wicker bill removes roadblocks for amateur radio operators February 17, 2024
    According to a summary of the bill, the legislation would prohibit homeowner association rules that prevent or ban amateur radio antennas on residential properties, clarify the approval process for installing amateur radio antennas, and give amateur radio operators a private right of action.  Read the article…………………………….
  • Kansas homeowners urge lawmakers to ban ‘punitive’ rooftop solar restrictions February 15, 2024
    Alan Bauman would put solar panels on his Prairie Village home if he could. He’d like to benefit from the savings on his energy bill and have more security when his electric utility suffers power outages.  But his homeowners association restricts his and neighbors’ ability to install solar power.   Read the article…………………………….

Legal & Legislative News Archives

Case Discussions

  • When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO) February 21, 2024
    The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.    Read the article…………………………….
  • Idaho Supreme Court sides with developer in Teton County case February 21, 2024
    The case arises from a dispute regarding a condominium development and dates back to 1995. That’s when a lot in Driggs was approved for Planned Unit Development with up to 16 standalone condominiums.  In 1995, TCR’s lot owned by TCR, LLC, the developer of Teton Creek Resor, was approved for Planned Unit Development with 16 standalone condominiums. However, a dispute arose in 2020 when county officials refused to record the plat, claiming TCR hadn’t submitted necessary documents.   Read the article…………………………….
  • Discrimination in HOAs: A Claim That Must Be Taken Seriously February 20, 2024
    Attorneys have seen an uptick in cases of alleged discrimiation in HOAs and condo associations. Complaints can become costly and stressful for an association.    Read the article…………………………….
  • Threat of Litigation Not a Good Idea when it comes to Housing Discrimination Complaints (NY) February 18, 2024
    New York’s highest court decided that the threat of litigation may support a retaliation claim under the New York State Human Rights Law. The Human Rights Law prohibits retaliation against those who make discrimination complaints or engage in other protected activity. The New York Court of Appeals definitively decided that the threat of litigation itself may constitute the requisite adverse action under the Human Rights Law to support a retaliation claim.   Read the article…………………………….
  • Enhancing Governance: Lessons from a Recent Condo Board and Property Management Company Lawsuit (NY) February 14, 2024
    Condo Boards and their Property Management Companies play a crucial role in maintaining harmony within residential communities. A recent legal battle involving the Sky House Condominium sheds light on the importance of meticulous governance to avoid potential pitfalls.   Read the article…………………………….
  • Navigating Sidewalk Shed Disputes: Insights for Condo or Coop Boards (NY) February 11, 2024
    The court’s decision in 157 W 18 OWNER, LLC v. THE BOARD OF MANAGERS OF THE SLATE CONDOMINIUMS provides clarity on the interpretation of RPAPL 871 and the enforcement of Building Code requirements in construction-related disputes. The ruling underscores the importance of demonstrating a substantial encroachment and balancing equities when seeking injunctive relief for property disputes.     Read the article…………………………….
  • Community Association Board Members can be Sued for Breach of Fiduciary Duty (NY) February 11, 2024
    The Board of Managers of the 72 Poplar Street Condominium and individual board members were sued by a unit owner who was overcharged common charges. The Board allegedly knew about the overcharge and eventually refunded the overpayments to the owner, and then called a unit owner vote to amend the Condominium’s bylaws to change the method by which common charges were calculated and assessed to each unit owner so as to conform with the method set forth in the plan ...
  • Second Legacy Lodge case appealed to Wyoming Supreme Court February 9, 2024
    The Rafter J Ranch Homeowners Association is asking the Wyoming Supreme Court to overturn a lower court’s decision in a lawsuit over the future of the former Legacy Lodge building.  Monday’s appeal from HOA attorney Kevin Gregory marks the second case that has been taken to the high court regarding a 57-unit building in Rafter J.    Read the article…………………………….
  • Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract February 9, 2024
    Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal court, arguing that the action related to an arbitration agreement falling under the Federal Arbitration Act (FAA) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), and filed a motion to compel arbitration.   Read the article…………………………….
  • Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC) February 8, 2024
    The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer).   Read the article…………………………….

Case Discussion Archives

Legislative Items

  • When to File a Breach of Contract Lawsuit or How Long is Too Long? (CO) February 21, 2024
    The Colorado Supreme Court recently issued a decision that significantly impacts common interest communities’ need to enforce contracts by filing a lawsuit or an arbitration proceeding. This decision affects the timing considerations of when such proceedings must be filed.    Read the article…………………………….
  • Idaho Supreme Court sides with developer in Teton County case February 21, 2024
    The case arises from a dispute regarding a condominium development and dates back to 1995. That’s when a lot in Driggs was approved for Planned Unit Development with up to 16 standalone condominiums.  In 1995, TCR’s lot owned by TCR, LLC, the developer of Teton Creek Resor, was approved for Planned Unit Development with 16 standalone condominiums. However, a dispute arose in 2020 when county officials refused to record the plat, claiming TCR hadn’t submitted necessary documents.   Read the article…………………………….
  • Discrimination in HOAs: A Claim That Must Be Taken Seriously February 20, 2024
    Attorneys have seen an uptick in cases of alleged discrimiation in HOAs and condo associations. Complaints can become costly and stressful for an association.    Read the article…………………………….
  • Threat of Litigation Not a Good Idea when it comes to Housing Discrimination Complaints (NY) February 18, 2024
    New York’s highest court decided that the threat of litigation may support a retaliation claim under the New York State Human Rights Law. The Human Rights Law prohibits retaliation against those who make discrimination complaints or engage in other protected activity. The New York Court of Appeals definitively decided that the threat of litigation itself may constitute the requisite adverse action under the Human Rights Law to support a retaliation claim.   Read the article…………………………….
  • Enhancing Governance: Lessons from a Recent Condo Board and Property Management Company Lawsuit (NY) February 14, 2024
    Condo Boards and their Property Management Companies play a crucial role in maintaining harmony within residential communities. A recent legal battle involving the Sky House Condominium sheds light on the importance of meticulous governance to avoid potential pitfalls.   Read the article…………………………….
  • Navigating Sidewalk Shed Disputes: Insights for Condo or Coop Boards (NY) February 11, 2024
    The court’s decision in 157 W 18 OWNER, LLC v. THE BOARD OF MANAGERS OF THE SLATE CONDOMINIUMS provides clarity on the interpretation of RPAPL 871 and the enforcement of Building Code requirements in construction-related disputes. The ruling underscores the importance of demonstrating a substantial encroachment and balancing equities when seeking injunctive relief for property disputes.     Read the article…………………………….
  • Community Association Board Members can be Sued for Breach of Fiduciary Duty (NY) February 11, 2024
    The Board of Managers of the 72 Poplar Street Condominium and individual board members were sued by a unit owner who was overcharged common charges. The Board allegedly knew about the overcharge and eventually refunded the overpayments to the owner, and then called a unit owner vote to amend the Condominium’s bylaws to change the method by which common charges were calculated and assessed to each unit owner so as to conform with the method set forth in the plan ...
  • Second Legacy Lodge case appealed to Wyoming Supreme Court February 9, 2024
    The Rafter J Ranch Homeowners Association is asking the Wyoming Supreme Court to overturn a lower court’s decision in a lawsuit over the future of the former Legacy Lodge building.  Monday’s appeal from HOA attorney Kevin Gregory marks the second case that has been taken to the high court regarding a 57-unit building in Rafter J.    Read the article…………………………….
  • Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract February 9, 2024
    Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal court, arguing that the action related to an arbitration agreement falling under the Federal Arbitration Act (FAA) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), and filed a motion to compel arbitration.   Read the article…………………………….
  • Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC) February 8, 2024
    The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer).   Read the article…………………………….

Legislative Items Archive

College of Community Association Lawyers

Since 1993, the Community Associations Institute has recognized excellence in the practice of community association law through the College of Community Association Lawyers (CCAL). Of the thousands of attorneys practicing community association law in the United States, fewer than 150 have been granted membership in the College. Members of the College distinguish themselves through contributions to the development of community association law.

CACL Blog Archives

Comments are closed.