Recent Court Rulings

Facts: A group of members filed a lawsuit to challenge the association board's authority to enter into a contract for construction work on its building without a vote pursuant to its governing documents. The governing documents require a vote if the construction project is “alterations” or “improvements” costing more than 25 percent of the estimated annual budget. Here, the association classified the work as “repairs” and “maintenance.”

Facts: An African-American couple filed a discrimination lawsuit against their association. The members asked the court for a judgment without a trial in their favor.

Facts: In a four-unit condominium, a member sued the other three members of the association for allegedly violating the association's notice provisions for a meeting and breaching their fiduciary duties by voting for a proposed amendment.

Facts: A Virginia condo association sued the condominium's developer for construction defects related to the exterior of the condominium buildings. The developer used a corporation and two limited liability companies to hold title to and manage development of the condominium project. The association alleged that the developer had made improper monetary transfers from the companies to him and used the companies to fraudulently avoid obligations owed to the association.

Facts: A member sued an association after she fractured her ankle when she slipped and fell while walking on the stairways and landing outside her condominium. The stairways and landing are within the common elements of the condominium property maintained by the association.

Facts: A property owner wanted to profit from his land by establishing a common interest development. He subdivided his land into 16 lots and a large common area. He built homes on six of the lots, sold five of them, and kept one house for himself. The community was governed by an association in name only. There were no formal meetings from 1980 through 1997, and the original property owner acted informally on the association's behalf.

Facts: A member sued her condo association and the president of its management company for imposing an allegedly invalid assessment on its members. According to the member, this assessment violated the governing documents and led to the illegal attempted foreclosure on her home.

Facts: A water leak developed directly above a member's condominium. The member permitted a restoration company into his condo to dry the carpet and an environmental inspection group to inspect the premises. The inspection results showed that the member's condo contained visible microbial growth on the closet and bathroom walls. The association then asked the member to move from his condo so the remediation could be performed. The member denied that his condo had any mold and refused to vacate unless the association paid his relocation expenses.

Facts: In response to observations of water damage to a condominium building's balconies, an association hired consultants to inspect the building's waterproofing systems as well as the decks and balconies.

Facts: After a member purchased a terrace-level condominium, he discovered drainage problems on his terrace that eventually caused mold and water damage to his condominium. The terrace-level condominiums in the community are surrounded on three sides by a wrap-around balcony. The initial damage from faulty drainage was further exacerbated by two hurricanes. The member sued the association, and the association asked the court to dismiss the lawsuit because the member's complaint technically failed to state a claim.