Member Has No Basis for Attorney’s Fees

Facts: When a member bought her home, it was next to a basin that was in good condition, free of debris and algae, and full of fish. Over time, as other homes were constructed in the community, the basin filled with debris, and the fish died. The member was unable to enjoy her property because of the smell and swarms of mosquitoes. The member eventually sued the association for negligence, nuisance, and breach of contract.


The resource you requested is available only to current members.  

Please log in or start your membership account.

Member Log In

Trouble Logging In?
Request a new password. Or contact us

Need to Renew Your Membership?
If your membership has expired and you wish to renew, visit the Membership Renewal Page.

Sign up for your free trial membership and access this resource now. 

Community Association Management Insider helps community association managers keep their co-ops, condominiums, and homeowner’s associations running effectively and within budget — and all in the bounds of state, local, and federal law, as well as their governing documents.

Click here for quick FREE trial sign-up.

As a member, you get:

  • Model tools, such as letters to members, bylaws, and contractor agreements
  • Step-by-step management techniques
  • Updates on new laws and court cases that impact you
  • Easy-to-implement solutions to managers' thorniest challenges.

Community Association Management Insider will show you how to:

  • Avoid liability and get indemnity
  • Effectively and economically manage maintenance and repairs
  • Get better deals from contractors
  • Get the right insurance coverage
  • And much, much more

Sign up for your free trial membership and access this resource now »