Recent Court Rulings

Recent Court Rulings

Governing Documents Allow Assessments for Legal Fees

September 30, 2008    

Facts: A member submitted a building plan to the association's architectural review committee. The committee denied approval of the building plan because it did not comply with the setback requirements. After numerous attempts to amend the community's setback requirements, the...

Insurer Must Cover Association's Claim

September 30, 2008    

Facts: A condo association sued an insurer for failing to compensate the association for windstorm damage caused by a hurricane. The association had purchased a commercial residential insurance policy that provided coverage for loss or damage to the condominium building.

Association Can Impose Fines

August 31, 2008    

Facts: An association claimed that a member misrepresented his ownership of the condo where he was living. The ownership of the condo had changed hands among a father, his son, and the son's company a few times in five years. The association claimed that as a result of the...

Association Didn't Knowingly Make False Statement

August 31, 2008    

Facts: A member sued her association and its management company for their handling of property damage caused by several hurricanes in 2004. To fix the damage, the association had obtained a loan from the Small Business Administration (SBA).

Rental Restriction Did Not Violate FHA

June 30, 2008    

Facts: A member had lived in her community until she had to move into a nursing home after her husband's death. To qualify for Medicaid and to finance her care, she rented out her home, in violation of her community's restriction against renting. The member died and the...

Association Not Liable for Fraud

June 30, 2008    

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...

Community's Tax Assessment Is Too High

June 30, 2008    

Facts: A community's common areas included parcels of land used as a parking lot and a tennis court. A town's assessor valued the common areas in excess of $100,000 by comparing their square footage to other home values in the community. In effect, the tax assessor, assuming the...

Association's Compliance Process Is Valid

July 31, 2007    

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...

Association President Can't Disburse Settlement Funds

July 31, 2007    

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...