Recent Court Rulings

Membership to Recreational Club Was 'Easement' Permitted by Governing Documents

July 10, 2018    

Facts: A group of homeowners sought a declaratory judgment from a trial court that an amendment to the governing documents of their homeowners association was null and void. The amendment expressly authorized the association to enter into an agreement with a nearby private swim...

Association's Enforcement Efforts Weren't 'Outrageous'

June 27, 2018    

Facts: A homeowner in a planned community violated several restrictive covenants by allowing his roof to fall into disrepair and keeping a tree stump and car on his lawn, among other things. The association began sending him warning letters. When the homeowner refused to rectify...

Management Company Wasn’t ‘Debt Collector’ for Association

June 27, 2018    

Facts: A community association hired a management company to handle all aspects of maintaining the community, including notifying members of delinquencies and other assessment and dues issues.

Condo Renter Claims Request for Assistance Animal Was Met with Threats to Evict Her

June 27, 2018    

Facts: A resident rented a condo unit for three years from its owner, who was a member of the community’s homeowners association. She lived there...

Association Obligated to Provide Flood Insurance

May 15, 2018    

Facts: An association maintained flood insurance for five of the buildings in its multi-building property. All five buildings were in flood zones as designated by the Federal Emergency Management Agency (FEMA). The association later decided not to renew the flood insurance...

Recent Settlements Illustrate the High Cost of Fair Housing Complaints

April 6, 2018    

Recent cases from California and New York—involving families with children and reasonable accommodation requests, respectively—highlight the importance of staff training in fair housing law in order to avoid discrimination complaints.

Families with children. A...

Unit Owner Had No 'Actual Controversy' with Condominium Association

March 15, 2018    

Facts: A condominium unit owner alleged that a board of directors election for the community had been improperly conducted. He claimed that there were statutory violations. He asked a trial court for declaratory relief—that is, a judgment of a court that determines the...

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...

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