Recent Court Rulings

Fence Variation Lawsuit Is a Question of Authority

A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC). The fence…

Court OKs ‘After-the-Fact’ Fence Variance

A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC) (Mullor v.…

Help Your Association Clients Avoid a Racial Discrimination Lawsuit

A federal court of appeals is allowing a Black couple to sue their HOA neighbors for racial discrimination under the Fair Housing Act (FHA). While it blocked the couple’s claims against the association, the opinion suggests that decision was due primarily to a technicality. Tonca and Terence Watters chose to build their dream home in…

HOA Escapes Racial Discrimination Lawsuit — But Harassers Don’t

A federal court of appeals is allowing a Black couple to sue their HOA neighbors for racial discrimination under the Fair Housing Act (FHA). While it blocked the couple’s claims against the association, the opinion suggests that decision was due primarily to a technicality. (Watters v. Homeowners Ass’n at the Preserve*). In other words, it’s…

Owner Sues Manager and Board Over His Own Tenant’s Behavior

Owners renting their units can lead to all sorts of complications for a community, but, just when you think you’ve got your arms around the potential issues, another one can pop up. The manager and board of directors for a condominium association in New York City, for example, probably never considered the possibility that an…

How to Handle “Chronic Complainers” in the Community

Most community association managers have run into the unpleasant phenomenon of the “chronic complainer” in at least one of their communities. Owners who are never happy and may even turn to the courts for relief, no matter how minor the issue, can cause some frustrating and costly headaches. A judge in the Chicago area recently…

Access Denier Ends Up on the Hook for Association’s Legal Bills

Governing documents generally allow associations to enter individual units with proper notice for maintenance and emergency repair purposes. Owners don’t always cooperate, though, and sometimes associations have to go to court to gain access. The good news? As a case involving a California owners association demonstrates, they may be able to recover their costs for…

Owner Who Denied Access to Her Unit for Repairs Liable to HOA

A recent case involving a California owners association demonstrates that HOAs in the state may be able to recover their costs when they have to go to court to force owners to grant access for units for maintenance or an emergency repair. Access Denied Throughout February and March 2016, the association made repeated efforts to…

Owner Sues Without Association Approval, Then Sues Association To Recoup His Costs

Sometimes owners strike out on their own and file lawsuits they think their associations should be filing—but does that mean the association has to reimburse them for their legal costs? The guiding principle regarding action, or lack thereof, is clear in most community associations: The majority rules. Sometimes, though, fired-up owners who disagree with the…

Association Isn’t Liable for Lone Wolf Owner’s Legal Costs

The guiding principle regarding action, or lack thereof, is clear in most community associations: The majority rules. Sometimes, though, fired-up owners who disagree with the majority decide take matters into their own hands. That’s what happened in a Wisconsin case involving a dispute over ownership of a sewage system that was an association’s common element.…