Association Couldn't Rely on Declaration to Cut Down Berm

March 9, 2017
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Facts: Two homeowners with a townhouse in a planned complex sued the association for making alterations to and performing work on a protective berm located in the complex’s common area near their lot. They alleged that the alterations to the berm resulted in a loss of seclusion and privacy for their lot, thus lowering its value. The homeowners asserted six causes of action for: breach of contract, breach of fiduciary duty, intentional damage of property, negligence, trespass pursuant to state law, and an accounting.

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