Recent Court Rulings

Association Couldn't Withhold Records Based on 'Protected' Status

January 12, 2018    

Facts: A condominium member asserted that a resolution in the governing documents, which classified certain association records as “primary and/or protected records” that couldn’t be inspected by members, was invalid. The member asked a trial court to order the...

Short-Term Rentals Violated Restrictive Covenant

December 12, 2017    

Homeowners in a planned community asked a trial court for a temporary injunction, prohibiting their neighbors from renting out their home to vacationers for a profit. (A temporary injunction orders a party to do or not do something while a court case is pending.) The homeowners asserted that the...

Failure to Read Covenant Not an Excuse for Shirking Assessments

November 13, 2017    

Facts: A homeowners association alleged that a homeowner breached the covenant to pay assessments for common area maintenance and other services necessary to operate the community. He had unpaid dues totaling over $15,000. The homeowner contested the reasonableness of the...

Homeowners' Disapproval of Election Doesn’t Invalidate Results

October 25, 2017    

Facts: Two homeowners in a planned community complained about the election and qualifications of the people elected to the board of the association. They became concerned when the developer of the community, in accordance with the bylaws of the association, turned over certain...

Owner Couldn’t Use Litigation to Amend Governing Documents

October 10, 2017    

Facts: The water pipe serving an owner’s condominium unit was constructed in such a way that it ran through a portion of the ceiling of an adjacent unit prior to entering the owner’s unit. The adjacent unit underwent foreclosure. Subsequently, the utilities in the...

Insufficient Meeting Notice Renders Amendment to Declaration Void

June 13, 2017    

Facts: The board of directors of a condominium association wanted to effectively rewrite its declaration, originally drafted in 1983, because the original document was so outdated that the board felt it was necessary to start over from the beginning. After the declaration had...

Short-Term Condo Rentals Weren’t "Business" that Violated Covenants

May 8, 2017    

Facts: An association notified some of its members who were renting their units to vacationers that this was in breach of the restrictive covenants because they were essentially running a business out of their units. The members refused to stop renting their units. The...

Do Community's Rules Discriminate Against Families with Children?

April 13, 2017    

FACTS: A couple filed a fair housing case, alleging discrimination based on familial status at the condominium community where they lived with their two minor children. The couple claimed that the condo association and its management company created an “atmosphere of...

Homeowner's Retaliation Claim Against Association Failed

March 9, 2017    

Facts: A homeowner in a planned community that was situated on a lake witnessed an employee of the community’s hired landscaping company spraying fumes without wearing protective clothing or a face mask. The homeowner complained to the association and also made a report to...

Association Couldn't Rely on Declaration to Cut Down Berm

March 9, 2017    

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...

Court Didn’t Find Pervasive Pattern of Discrimination

February 10, 2017    

Facts: A woman moved into a condominium with her mother, who was handicapped, to help with her daily activities. The woman asked the condominium association to provide an unobstructed path between the member’s front door and driveway.

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