Recent Court Rulings

Association Not Liable for Fraud

Facts: A cell phone company wanted to build a tower near an association community. When the association found out about this proposal, it filed an objection with the city. The association board then negotiated with the company. After the negotiations, the tower was built 150 feet from the location originally proposed, and the color and type of tower were changed. The company also agreed to pay the association an initial payment of $7,500 and $400 per month for the duration of the 20-year lease.

Association President Can’t Disburse Settlement Funds

Facts: A condo association sued to stop the developers from making changes to a governing document that would have altered the rights of the existing members. Before the trial began, a court had granted the association a temporary stop order against the developer as long as the association could post a $300,000 bond. Twenty-two association members agreed to pledge personal assets worth $230,000 to secure the bond. Four years later, the court ruled for the association and ordered the bond to be released.

Association’s Compliance Process Is Valid

Facts: Two association members were involved in a dispute over the height of trees along their adjoining properties. One member complained that his neighbor's trees blocked his view of a nearby mountain range, in violation of the association's governing documents. The complaining member brought a covenant violation petition against his neighbor according to the association's covenant compliance process. An outside arbitrator determined that six of the neighboring member's trees were too tall.