2005 Index
In This Issue:
2005 Index
Architectural Control
Assessments
Association Operations
Attorney Fees
Construction Defect
Contracts
Covenants Enforcement
Developer Liability
Developmental Rights
Documents
Federal Law and Legislation
Municipal Relations/Powers of the Association/Covenants Enforcement
Powers of the Association
Risks and Liabilities
State and Local Legislation and Regulations
Use Restrictions
Warranties/Developer Liability/Risks and Liabilities
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2005 Index
Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2005 Index, which features alphabetical listings of all cases in Law Reporter in the last year, with case citations classified by subject. Beginning with the May 2005 issue, Law Reporter changed to an electronic newsletter, meaning you can find cases from the May to December 2005 issues in our online archives. For cases that appeared in the January to April 2005 issues, check your print copies of the newsletter. If you have any questions or concerns, please contact Managing Editor Christie Chapman.

Architectural Control

Hickory Pointe Village of Homeowners Association v. Smyk, 262 Mich. App., 512; 686 N.W.2d 506 (2004)--Association Entitled to Relief When Residents Lack Building Approval--January 2005

In re Renauto No. 01340/04, N.Y. Supreme Ct., June 30, 2004--Architectural Review Board Subject to Business Judgment Rule--February 2005

Architectural Control/Covenants Enforcement

Patterson v. Beuligmann, No. G031980 (Ca. App. Ct., October 13, 2004)--Architectural Committee Has Authority to Deny Approval of One-Story Residence That Obstructs the Views of Other Homeowners--June 2005

Architectural Control/Documents
Berezowski v. Schuman, 112 P.3d 820 (Id. 2005)--Board's Decision Must Comply With Covenants--December 2005

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Assessments

Andrews v. Palmas De Majorca Condominium, 898 So. 2d 1066 (Fla. Dist. Ct. App. 2005)--Altering Check Used as Evidence Warrants Dismissal of Case--September 2005

Brandon Farms Property Owners Association, Inc. v. Brandon Farms Condominium Association, Inc. 180 N.J. 361, 852 A.2d 132 (2004)--Umbrella Association Must Impose Assessments in Keeping Under Equitable Methods--May 2005

Flag Wharf, Inc. v. Hickney, 18 Mass. L. Rep. 275 (2004)--Board Prohibited From Retaining Extra Funds as Reserves--March 2005

Jakab v. Gran Villa Townhouses Homeowners Association, Inc., 149 S.W.3rd 863 (Tex. App. 2004)--Only Prevailing Party Is Entitled to Attorney's Fees--August 2005

London Towne Homeowners Association v. Karr, 866 A.2d 447 (Pa. 2004)--Association Cannot File Paper Lien if Statute Provides for Automatic Lien--October 2005

McDonald Industrial Park Property Owners Association, Inc. v. American Industrial Renovation, Inc. No. 2003-T-0075 (Ohio App. Ct., June 30, 2004)--Assessments Against Minority Share Property Owner Upheld--May 2005

McKenna v. Camino Real Village Association, Inc., 877 So. 2d 900 (Fla. Dist. Ct. App. 2004)--Association Failed to Notify Owner Prior to Accelerating Assessments--July 2005

Parker v. Chimneywood Homeowners' Association, Inc., 866 So. 2d 289 (La. App. 2003)--Association Has the Authority to Turn Off Water for Nonpayment of Assessments--July 2005

Prairie Harbor Yacht Club Condominium Owners' Association, Inc. v. The Marine Group, LLC, 276 Wis. 2d 309; 686 N.W.26 455 (2004)--Association May Foreclose a Lien for Unpaid Assessments--April 2005

Trustees of the Denholm Condominium Trust v. Doyle, 18 Mass. L. Rep. 25, July 6, 2004--Trustees Are Personally Liable for Common Expense--January 2005

Assessments/Architectural Control
Depot Square Business Center Condominium Association, Inc. v. Charbonneau, No. CV040184471S (Conn. Super. Ct., April 12, 2005)--Association Did Not Breach Duty to Act in Good Faith--November 2005

Assessments/Association Operations
Graoch Associates #73 Partnership v. Lakeview Estates Lake Association Inc., Nos. 2003-CA-001495-MR and 2003-CA-001793-MR (Ken. App. Ct., Dec. 10, 2004)--Association May Levy Annual Assessments to Fund Capital Improvements--August 2005

Assessments/Federal Law and Legislation/State and Local Legislation and Regulations
Edstrom v. All Services and Processing, No. CO4-1514 BZ, U.S. Dist. Ct., No. Dist. Cal., Feb. 22, 2005--Collection Letter Violates Fair Debt Collection Practices--August 2005

Assessments/Powers of the Association
Evergreen Highlands Association v. West, 73 P.3d 1 (Colo. 2003)--Association Has Implied Power to Assess Lot Owners--January 2005

Assessments/Powers of the Association/Covenants Enforcement
Twenty-Four Merrill Street Condominium Association, Inc. v. Murray, No. CVO20813753 (Conn. Superior Ct., July 14, 2004)--Association Is Entitled to Foreclose Lien for Plumbing Repairs--June 2005

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Association Operations

Edwards v. Burke, 324 Mont. 358, 102 P.3d 1271 (2004)--Interest in Common Property Terminates When Association Membership Terminates--August 2005

Orange Landing Condominium Association, Inc. v. Paul, No. CV0304769055 (Conn. Super. Ct., September 24, 2004)--Meeting Is Called When Notice Is Distributed--June 2005

Association Operations/Covenants Enforcement
Webb v. Mullikin, 142 S.W.3d 822 (Mo. App. 2004)--Amendment to Fund Bath and Tennis Club Is Unlawful--January 2005

Association Operations/Developmental Rights

America Condominium Association, Inc. v. IDC, Inc., 844 A.2d 117 (R.I. 2004)--Board Voted Improperly to Extend Special Declarant Rights--March 2005

Association Operations/Federal Law and Legislation
Lowe v. Wolin-Levin, Inc. No. 02 C 1476 (U.S. Dist. Ct., N.D. Ill., July 13, 2004)--Management Company May Be Held Liable Under Title VII--July 2005

Tyrell v. Robert Kaye & Associates, P.A., 223 F.R.D. 686 (2004)--Collection Letter Is Cause for Class-Action Suit--May 2005

Association Operations/Risks and Liabilities
Fariello v. Gavin, 873 So. 2d 1243 (Fla. Dist. Ct. App. 2004)--Association's Comments May Not Be Completely Safe--March 2005

Vazquez v. Lago Grande Homeowners Association, 900 So. 2d 587 (Fla. Dist. Ct. App. 2004)--Association Is Obligated to Protect Its Residents--December 2005

Association Operations/Use Restrictions
Verna v. The Links at Valleybrook Neighborhood Association, Inc., 371 N.J. Super. 77, 852 A.2d 202 (2004)--Association Can Enforce Parking Restrictions on Public Streets--May 2005

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Attorney Fees

Andres v. Indian Creek Phase III-B Homeowners Association, 901 So. 2d 182 (Fla. Dist. Ct. App. 2005)--Association Not Allowed to Collect Attorney Fees Via Foreclosure--September 2005

Payne v. Cudjoe Gardens Property Owners Association, Inc., 875 So.2d 669 (Fla. Dist. Ct. App. 2004)--Prevailing Party Entitled to Attorney Fees and Costs--April 2005

Rose Hall Homeowners Association Inc. v. Jelinek, 66 Va. Cir. 172 (2004)--Homeowner Association Cannot Recoup Legal Fees if Controversy Becomes Moot--October 2005

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Construction Defect

Heritage Village Owners Association, Inc. v. Golden Heritage Investors, Ltd., 89 P.3d 513 (Colo. App. 2004)--Association May Assert Claims for Individual Owners--March 2005

Jensen-Re Partnership v.Superior Shores Lakehome Association, 691 N.W.2d 42 (Minn. 2004)--Association Does Not Own Common Elements--June 2005

White v. Allstate Insurance Company, 98 P.3d 496 (Wash. App. 2004)--Insurance Company Does Not Have to Reimburse Unit Owner for Special Assessment--May 2005

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Contracts

Carey Station Village Home Owners Association, Inc. v. Carey Station Village, Inc., 268 Ga. App. 461, 602 S.E.2d 233 (2004)--Association Not Liable for Failure to Sell Lots--September 2005

Corey v. Laurels Condominium Association, Inc., No. CV020469807S (Conn. Super. Ct., June 14, 2004)--Owner Must Prove Windows in Unit Are Encompassed in Common Area Definition--May 2005

Palacin v. Allstate Insurance Company, 119 Cal. App. 4th 855, 14 Cal. Rptr. 3d 731 (2004)--Insurance Policies Construed According to Intent and Clear Meaning--February 2005 

Contracts/Assessments
Santos v. Countrywide Home Loans, Inc., No. CV040287435S (Conn. Super. Ct., January 4, 2005)--Mortgagor Must Repay Amounts Lender Paid for Past-Due Assessments--June 2005

Contracts/Developer Liability
R.J. Griffin & Co. v. Beach Club II Homeowners Association, Inc., 384 F.3d 157 (4th Cir. 2004)--Association Is Not Subjected to Arbitration Clause in Construction Contract--May 2005

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Covenants Enforcement

Ashwood Homeowners Association v. Reitor, Case No. CA2003-06-142, Ohio App. Ct., July 6, 2004--Architectural Committee Must Review and Approve Improvements--January 2005

Bumm v. Olde Ivy Development LLC, 142 S.W.3d 895 (Mo. App. 2004)--Authority to Amend Covenants Is Not Power to Add New Burdens--September 2005

Corner v. Mills, 650 N.E.2d 712 (Ind. App. 1995)--Redaction of One Covenant Does Not Automatically Render Other Covenants Unenforceable--January 2005

Dynamic Publishing & Distributing LLC v. Unitec Industrial Center Property Owners Association Inc., No. 04-04-00132-CV (Tex. App. Ct. Feb. 15, 2005)--Operation of Adult Bookstore Is Not Industrial Use of Property--August 2005

Grassy Mountain Ranch Owners' Association v. Gagnon, 98 P.3d 307 (Mont. 2004)--Mobile Home Permitted in Subdivision--July 2005

King v. Ebrens, 804 N.E.2d 821 (Ind. App. 2004)--Adjacent Subdivisions Not Part of Development Plan--January 2005

McIntyre v. Lionsridge #4 Homeowner's Association, No. 03CA2382 (Colo. App. May 5, 2005)--Restriction Bars Lot Subdivision--October 2005

Perel v. Brannan, 267 Va. 691, 594 S.E.2d 899 (2004)--Retaining Walls and Tree Removal Violated Covenants--February 2005

Rice v. Lost Mountain Homeowners Association, Inc., 269 Ga. App. 351, 604 S.E.2d 215 (2004)--Owners' Vote Sufficient to Designate Governing Authority--April 2005

Seabrook Island Property Owners Association v. Marshland Trust, Inc., 358 S.C. 655, 596 S.E.2d 380 (2004)--Association Denied Developer's Bridge Plans Without Reason--March 2005

Sherwood Forest Citizens Association, Inc. v. Newkirk, No. 2003 (La. App. Ct., June 25, 2004)--Association May Not Enforce Restriction if It Fails to Sue Resident as Restriction Requires--June 2005

Travers v. Bear Brand Ranch Community Association, No. G0340562005 (Cal. App., May 3, 2005)--Jury Must Decide Whether Covenant Enforcement Was Reasonable--October 2005

Covenants Enforcement/Architectural Control
Gem Estates Mobile Home Village Association, Inc. v. Bluhm, 885 So. 2d 435 (Fla. Dist. Ct. App. 2004)--Addition to Mobile Home Violates Setback Restriction--May 2005

Page v. Bald Head Association, 611 S.E.2d 463 (N.C. App., 2005)--Revised Assessment Covenant and Sign Restrictions Are Valid and Enforceable--October 2005

Sweis v. Sequoyah Heights Homeowners Association, No. A103416 (Ca. App. Ct., Sept. 23, 2004)--Garage Window Violates Architectural Standards--May 2005

Zabrucky v. McAdams, 129 Cal. App. 4th 618, 28 Cal. Rptr.3d 592 (2005)--Home Renovation Must Not Unreasonably Obstruct View--September 2005

Covenants Enforcement/Architectural Control/Powers of the Association
Dialynas v. Pelican Hill Community, No. G032122 (Cal. App. Ct., Jan. 31, 2005)--Park Constructed on Common Area Is Nuisance and Must Be Removed--July 2005

Covenants Enforcement/Assessments
Bear Creek Master Association v. Edwards, 130 Cal. App. 4th 1470 (2005)--Unimproved Land Can Be Condominium Units Subject to Assessments--November 2005

Covenants Enforcement/Use Restrictions
Gonzalez v. Flamingo Estates Maintenance Association, Inc., 874 So. 2d 1198 (Fla. Dist. Ct., App. 2004)--Owners May Present Evidence That Association Unreasonably Denied Approval--June 2005

Covenants Enforcement/Use Restrictions/Architectural Control
Campbell v. Lake Hallowell Homeowners Association, Inc., 157 Md. App. 504, 852 A.2d 1029 (2004)--Owner Cannot Park Car or Install Basketball Goal in Front Yard--May 2005

Covenants Enforcement/Use Restrictions/Attorney's Fees
Weber v. P&D Development, Inc., 122 Wn. App. 1028 (2004)--Amendment to Allow Rock Quarry Expansion Is Improper--February 2005

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Developer Liability

Boles v. National Development Company Inc., 175 S.W.3d 266 (Tenn. App. 2005)--Developer's Failure to Provide Lake Is Breach of Contract--December 2005

Fair Oaks Homeowners Association, Inc. v. Country Club Investment and Development Company, Inc., 215 W.Va. 451; 599 S.E.2d. 874 (2004)--Developer Not Required to Repave Damaged Roadways--April 2005

Frasier v. Nolan and Twin Lake Ranch Property Owners Association, 98 P.3d 392 (Or. App. 2004)--Statute of Limitations Did Not Bar Equity Claim Against Developer--April 2005 

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Developmental Rights

Bedfordor Limited Partnership v. Forgione, No. 271340 (Mass. Land Ct., December 12, 2003)--Adjacent Owner Burdened by Implied Easement of Encroachment--July 2005

Green v. Lawrence, No. RE-03-23 (Me. Superior Ct., Oct. 1, 2004)--Landowners Cannot Assert Relative Hardship Doctrine--November 2005

McGraw v. Marchioli, 812 N.E.2d 1154 (Ind. App. 2004)--Developer Must Pay Owners Even Though Settlement Agreement Was Not Met--June 2005

Developmental Rights/Assessments
Redmond-Pacific Associates General Partnership and Swan Lake Association General Partnership v. Sixty-01 Association of Apartment Owners, No. 51634-5-1 (Wash. App. Ct., October 18, 2004)--Assessment Increase Improperly Applied to Declarant's Successor--July 2005

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Documents

Brockway v. Harkleroad, 273 Ga. App. 339; 615 S.E.2d 182 (2005)--Investor Owners Can Amend Declaration--September 2005

Keller v. Sixty-01 Association of Apartment Owners, 127 Wn. App. 614, 112 P.3d 544 (2005)--Mortgagee May Not Have to Approve Declaration Amendements--November 2005

VICC Homeowners' Association Inc. v. Los Campeones Inc., 143 S.W.3d 382 (Tx. App., 2004)--Amendment Provisions Must Be Strictly Followed--October 2005

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Federal Law and Legislation

Dikun v. Streich, 369 F. Supp. 2d 781 (E. Dist. Va. 2005)--Assessments Are Subject to Fair Debt Collection Practices Act--November 2005

Halprin v. The Prairie Single Family Homes of Dearborn Park Association, 388 F.3d 327 (7th Cir. 2004)--Discriminatory Behavior Actionable Under HUD Regulations--June 2005

In Re Abusaad, 309 B.R. 895 (N. Dist. Tex. 2004)--Post-Petition Transfer of Home to Association Violates Automatic Stay--March 2005

Shimek v. Forbes, 374 F.3d 1011 (11th Cir. 2004)--Contemporaneous Filing of Lien and Sending a Letter of Demand Does Not Violate Fair Debt Collections Act--May 2005

Woodbridge Condominium Owner's Association v. Jennings, No. 2003-L-112, Ohio App. Ct. (Sept. 30, 2004)--Declarations and Bylaws Are Preempted by Federal Law--November 2005

Federal Law and Legislation/Association Operations

Lawrence v. Courtyards at Deerwood Association, Inc., 318 F. Supp. 2d 1133 (U.S.D.C., So. Dist. Fla. 2004)--Hostile-Housing-Environment Claims Against Association and Manager Are Not Valid--April 2005

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Municipal Relations/Powers of the Association/Covenants Enforcement

Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association, No. C-121-00, N.J. Super. Ct., Feb. 17, 2004)--Association That Performs Municipal Functions Is Not Automatically Deemed 'Quasi-Municipality'--May 2005

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Powers of the Association

Anderson v. The New Property Owners' Association of Newport, Inc., 122 S.W.3d 378 (Tex. App.2003)--An Association Is Not Authorized to Exercise Architectural Control Authority--May 2005

Hebrew School Condominium Association v. Distefano, Control No. 04-82869, Pa. Common Pleas Ct. (October 21, 2004)--Insurance Provider Must Honor Property Insurance Policy--December 2005

Riverbend At Cascades Condominium Unit Owners Association v. Cascades Community Association Inc., No. 24262, Vir. Cir. Ct. (April 12, 2005)--Sub-Association Cannot Sue on Owners' Behalf to Withdraw From Master Association--December 2005

Stevens v. Elk Run Homeowners' Association, 90 P.3d 1162 (Wyo. 2004)--Hot Tub Requires Association's Approval--February 2005 

Powers of the Association/Attorney's Fees
Sloan v. Owners Association of Westfield, 167 S.W.3d 401 (Tex. App. 2005)--Foreclosure Is Proper if Lien Runs With the Land and Is Attached Prior to Homestead Right--October 2005

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Risks and Liabilities

Blier v. Statewide Enterprises Inc., 890 So. 2d. 522 (Fla. Dist. Ct. App. 2005)--Independent Contractor Not Liable to Visitor--August 2005

Highridge Place Condominium Unit Owner's Association v. Langley, 66 Va. Cir. 185 (2004)--Cost of Repair Under the Deductible Amount Is Owner's Responsibility--August 2005

Marsh v. Miami Beach Association, No. CV044000075, Conn. Super. Ct. (April 28, 2005)--Bylaws Are Moot and Unjusticiable When New Bylaws Are Adopted--December 2005

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State and Local Legislation and Regulations

Lantzy v. Centex Homes, 31 Cal. 4th 363, 2 Cal. Rptr. 3d 655, 73 P.3d 517 (2003)--Construction Defect Claim Subject to 10-Year Statute of Limitations--May 2005

State and Local Legislation and Regulations/Covenants Enforcement
Auburn Woods I Homeowners Association v. Fair Employment and Housing Commission, 121 Cal. App. 4th 1578, 18 Cal. Rptr.3d 669 (2004)--Allowing Pets in a No-Pet Community Is a Reasonable Accommodation--December 2005

State and Local Legislation and Regulations/Municipal Relations
Village Condominium Owners Association v. Montgomery County Board of Revision, No. 20082, Ohio App. Ct. 3087, June 10, 2004--Association Lacks Standing to Appeal Common Area Tax Valuation--February 2005

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Use Restrictions

Chervets v. Dockson, No. B173237 (Cal. App. Ct., May 2, 2005)--Owners Can Enforce Restriction Against Building Home on Lot--September 2005

Cimarron Foothills Community Association v. Kippen, 206 Ariz. 455, 79 P.3d 1214 (2003)--Owners Cannot Park RV on Property--June 2005

The Bluffs Owners Association v. Adams, 897 So. 2d 375 (Ala. App. 2004)--Resident Not Entitled to Construct Pier--April 2005

Woodridge Escondido Property Owners Association v. Superior Court of San Diego County, No. D043860 (Cal. App. Ct., April 26, 2004)--Owner Cannot Build Deck and Hot Tub on Neighbor's Side Yard Easement--May 2005

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Warranties/Developer Liability/Risks and Liabilities

Hayden Business Center Condominiums Association v. Pegasus Development Corporation, 209 Ariz. 511, 105 P.3d 157 (2005)--Claim for Breach of Implied Warranty Is Barred to Subsequent Purchasers--November 2005

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