Recent Court Rulings

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...

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...

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