Recent Court Rulings

Recent Court Rulings

Association Didn't Have Right to Assess Litigation Costs Against Members

July 15, 2016    

Facts: Two condominium unit owners sued the association for claims associated with alleged mold contamination in their unit and common area. A trial court ruled in favor of the association. The association also asked the trial court to allow it to collect as an assessment...

Manager Had Duty to Enforce Pet Rules, Not Make Them

July 15, 2016    

Facts: A condominium unit owner was attacked by another resident’s dog in a common area. The owner sued the association and manager. She claimed that the association and the manager of the condominium were negligent because the condominium association failed to enact and/...

No Requirement to Produce Records for ‘Improper Purpose’

June 27, 2016    

Facts: A homeowner became treasurer of an association board. After looking at the association’s finances, he wanted to conduct an independent audit of the association’s books and records. The homeowner sent an email with the request for certain documents to the board...

Trial Necessary to Determine Whether Parking Easement Includes Wall

May 10, 2016    

Facts: A partition wall separated from a common walkway a grouping of three parking spaces in the parking lot of a condominium building. This created an enclosed garage space separate and distinct from the other parking spaces within the common garage.

Two members who...

Subsequent Notices Not Required to Specify Rule Violation

May 10, 2016    

Facts: Homeowners in a planned community installed a lattice attached to the top of a fence in their backyard to provide additional privacy. The association sent the homeowners a violation notice demanding that they remove the lattice. The homeowners were advised by an...

Covenants Include Hens as "Recognized" Household Pets

April 12, 2016    

Facts: Several homeowners in a planned community kept hens on their lots. The association informed them that this violated the association’s covenants. The covenants disallow “animals, birds, or poultry” on residents’ lots unless kept as “recognized...

Testimony About HOA's Proper Notice of Delinquency Was Sufficient

April 12, 2016    

Facts: After the owners of a unit hadn’t paid assessments for several months, a condominium association filed a forcible entry and detainer action. At a trial, the association presented testimony from the president of its board of directors and an employee of the...

Association Must Follow Mortgage Foreclosure Rules

April 12, 2016    

Facts: A condominium building association attempted to foreclose on two liens against a unit in the building. The liens were for unpaid common area charges. The unit owner asserted that the association was required to comply with a state property law, which requires that this...

Member Met 'Vexatious' Litigant Threshold

March 10, 2016    

Facts: An association foreclosed on a lot in its community after the member failed to pay for maintenance fees and other amounts assessed against it. The member sued the association and its management company. She alleged that the association had engaged in fraud for filing an...

Attorney's Fees Must Be 'Reasonable' in Wrongful Foreclosure Action

March 10, 2016    

Facts: After a homeowner stopped paying his association dues, the association filed a notice of lien and election to sell his home. The homeowner didn’t pay the delinquent dues, and the association sold the home at foreclosure, to itself, for a minimal amount. The...

Renter Could Benefit from HOA Maintenance Contract

March 10, 2016    

Facts: A renter in a condominium building slipped and fell on ice, suffering injuries. She sued the condo unit owner, the association, and the management company for breach of contract under the theory of implied warranty of habitability, and negligence. All three parties asked...

HVAC Equipment Encroached on Common Area

February 11, 2016    

Facts: A condominium building contained several residential units and one unit for commercial use. When the condominium was initially built, the board of directors was run by the sponsor. It permitted the commercial tenant to install an HVAC unit on the rooftop common area....