2006 Index

Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2006 Index, which features alphabetical listings of all cases in Law Reporter in the last year, with case citations classified by subject. You can find the cases from all of these issues in our online archives. If you have any questions or concerns, please contact Managing Editor Christie Chapman.

Architectural Control

Connolly Construction Company v. Yoder, No. 14-04-39, Ohio App. Ct., Sept. 6, 2005--Architectural Review Committee Has Authority to Disapprove Siding Type--February 2006

Dolan v. Villages of Clearwater Homeowner's Association Inc., C.A. No. 097-S, Del. Chancery Ct., Oct. 21, 2005--Homeowner May Not Replace Gravel Apron With Pavement--September 2006

Freeman v. Mostafavi, No. B176541, Cal. App. Ct., Nov. 8, 2005--Construction of a Fence Constitutes Trespass--August 2006

Hoff v. Ajlouny, 14 Neb. App. 23, 703 N.W.2d 645 (2005)--Homeowner Must Replace Roof That Violates Protective Covenants--June 2006

Pendleton Lake Homeowners Association Inc. v. Carnell, No. COA05-812, N.C. App. Ct., Feb. 7, 2006--Architectural Review Committee and Board Acted Reasonably in Not Approving Plans for Detached Garage--June 2006

Warwick Park Owners Association Inc. v. Sahutsky, No. 418-S, Del. Chancery Ct., Sept. 20, 2005--Approval of Application for Zoning Variance Does Not Relieve Homeowners From Complying With Setback Requirements--April 2006 

Western Sunview Properties, LLC v. Federman, 338 F. Supp. 2d 1106 (Dist. Haw. 2004)--Setback Requirement Abandoned Due to Previous Variances--January 2006

Architectural Guidelines

Nelson v. Fife, No. 54636-8-I, Wash. App. Ct., Aug. 8, 2005--Trees That Limited Neighbors' View Had to Be Removed--June 2006

Assessments

Alexander v. Wardlow and Buena Vista Lakes Maintenance Association, Inc., 910 So. 2d 1141 (Miss. App. 2005)--Tax Sale Does Not Prevent Association From Attaching and Foreclosing on Lien--February 2006

Allen v. Timberlake Ranch Landowners Association, No. 2005-NMCA-115, N.M. App. Ct., June 28, 2005--Implied Covenant in Declaration Obligates Homeowners to Pay Assessments--February 2006

Angel Fire Resort Operations, L.L.C. v. Corda, 116 P.3d 841 (N.M. App. 2005)--Bankruptcy Documents Authorize Developer to Sue Landowners for Unpaid Assessments--January 2006

Bay Crest Association Inc. v. DeLisi, 2006 NY Slip Op 50202U (2006)--Homeowner Liable for Common Expenses Under Implied Contract Theory--June 2006

Croft v. Fairfield Plantation Property Owners Association Inc., 276 Ga. App. 311, 623 S.E. 2d 531 (2005)--Purchaser at Tax Sale Is Liable for Payment of Assessments--March 2006

Micheve, L.L.C.  v. Wyndham Place at Freehold Condominium Association, 370 N.J. Super. 524, 851 A.2d 743 (2004)--Purchaser at Foreclosure Sale Is Not Liable for Assessments Until Delivery of Deed--January 2006      

Haines v. Goldfield Property Owners Association, 118 P.3d 1134 (Ariz. App. 2005)--Arizona Law Prohibits Distributing Assessments Directly to Association Members--March 2006

Haines v. Goldfield Property Owners Association, 477 Ariz. Adv. Rep 17 (Ariz. App. 2006)--Arizona Law Prohibits Distributing Assessments Directly to Members--December 2006

Locust Lake Village Property Owners Association v. Wengerd, No. 2 C.D. 2006, Pa. Commw. Ct., May 25, 2006--Judicial Sale Does Not Extinguish Restrictive Covenants and Easements--September 2006

One Virginia Avenue Condominium Association of Owners v. Reed, No. 18726-NC, Del. Chancery Ct., Aug. 8, 2005--Owner of Condominium Commercial Area Is Not Liable for Assessed Expenses for Heating and Cooling Residential Units--June 2006  

Pike County Tax Claim Bureau v. The Internal Revenue Service, 902 A.2d 603 (Pa. Cmwlth. 2005)--Judicial Sale Divests Association of Its Lien for Unpaid Dues and Assessments--December 2006 

Surrey Condominium Association Inc., v. Webb, 163 S.W.3d 531 (Mo. App. 2005)--Unit Owner Not Responsible for Maintenance Fees Charged to Interval Owners--January 2006

Twenty-Four Merrill Street Condominium Association Inc. v. Murray, 96 Conn. App. 616, 902 A.2d 24 (2006)--Lien to Collect Assessments Is Valid Even if Notice to Owner Is Not Timely--November 2006   

Association Operations

Hobbs v. Weinkauf, No. 2D04-4806, Fla. Dist. Ct. App., Aug. 25, 2006--Association Must Comply With Law Regarding Official Records--December 2006

Koslow v. Woodbridge Lake Property Owners Association Inc., No. CV010092738, Conn. Superior Ct., June 7, 2006--Association Must Give Members Access to Employee Records--November 2006

Ruiz v. Harbor View Community Association, 134 Cal. App. 4th 1456, 37 Cal. Rptr. 3d 133 (2005)--Letters From Association's Attorney Did Not Defame Owner--August 2006 

Attorney Fees

Cohen v. Beachside Two-I Homeowners' Association, No. 05-706 ADM/JSM, U.S. Dist. Ct. (Dist. Minn.), Nov. 17, 2005--Attorney Fees Violation Possibly Mitigated by 'Bona Fide Error' Defense--September 2006

Dine v. Pine Mountain Club Property Owners Association Inc., No. B170988, Ca. App. Ct., July 27, 2005--Association Is Entitled to Attorney Fees--March 2006

Seabrook Island Property Owner's Association v. Berger, 365 S.C. 234, 616 S.E.2d 431 (2005)--Attorney Fees Are Awarded on Contractual Basis and Owner Has No Right to Testify--May 2006  

Construction Defects

Cathedral Hill Tower Condominium Association v. Garbar, No. A107354, Cal. App. Ct., October 14, 2005--Unit Owner May Not Interfere With Remediation Efforts--March 2006

Contracts

Edlund v. Seagull Townhomes Condominium Association Inc., 928 So. 2d 405 (Fla. Dist. Ct. App. 2006)--Condominium Documents Are Contracts that Courts Must Strictly Construe--October 2006

Feinstein v. Crumley, No. 6471, Pa. Ct. Com. Pl., Oct. 4, 2005--Requisite Notice Necessary to Condominium Owner for Parking Spaces--July 2006 

Greenacre Properties Inc. v. Rao, 933 So. 2d 19 (Fla. Dist. Ct. App. 2006)--Homeowners Are Not Third-Party Beneficiaries Under Management Contracts--December 2006

Pioneer Point Homeowners Association Inc. v. Booth, 179 S.W.3d 397 (Mo. App. 2005)--Rights and Obligations Under Restrictive Covenants Can Be Assigned Between Corporations--July 2006   

Covenants Enforcement

Allens v. Reed, No. 04CA2206, Colo. App. Ct., June 29, 2006--Declaration's Height Restriction Is Too Vague to Be Enforceable--October 2006

Board of Managers of Holiday Villas Condominium I v. Bautista, N.Y. City Civ.Ct., CV040414/04, May 5, 2005--Satellite Dish Installed on Condominium Common Area Violates Covenants--January 2006

Cordan v. Kahn, No. H029400, Cal. App. Ct., July 24, 2006--Declaration Requires That Principal View Be Unobstructed--November 2006

Dohmen-Ramirez v. Freis, No. 25473, Haw. App. Ct., October 14, 2005--Leasing of Renovated Garage/Apartment Does Not Violate Declaration--March 2006

Farber v. Bay View Terrace Homeowners Association, Nos. G036069, G036454 Cal. App. Ct., June 30, 2006--Former Association Member Does Not Have Standing to Enforce Declaration--October 2006

Farrington's Owners' Association v. Conway Lake Resorts Inc., 878 A.2d 504 (Me. 2005)--Association Members Must Approve Construction of Additional Dock and Relocation of Swimming Area--March 2006

Hipsh v. Graham Creek Estates Owners Association Inc., 927 So. 2d 846 (2005)--Ambiguous Covenant Prohibits Camper Trails From Driveways--August 2006

Lee, Jr. v. Washington Square Homeowners' Association, Inc., 273 Ga. App. 392, 615 S.E. 2d 210 (2005)--Filing a Lien Does Not Defame or Slander Owner--January 2006

Mayer v. BMR Properties LLC, 830 N.E.2d 971 (Ind. 2005)--Restrictive Covenants Unenforceable Without General Scheme or Plan--July 2006     

Rankin v. Covington Oaks Condominium Owners Association Inc., No. 04-04-00861-CV, Tex. App., Ct. Nov. 23, 2005--Association's Refusal to Grant Approval for Architectural Alterations Is Capricious and Arbitrary--September 2006    

The Meadows Community Association Inc. v. Russell-Tutty, 928 So. 2d 1276 (Fla. Dist. Ct. App. 2006)--Association May Sue Owner to Require Son to Comply With Association's Traffic Regulations--November 2006

Woodridge Escondido Property Owners Association v. Nielsen, No. D044294, Cal. App. Ct., May 25, 2005--Association Can Prohibit Construction of Deck Over Easement--February  2006

Developer Liability

Cincinnati Insurance Company v. Grand Pointe LLC, No. 1:05-CV-161, U.S. D.C., E. Dist. Tenn., June 29, 2006--Insurance Company Does Not Have Duty to Defend Developer for Damages Caused by Shoddy Workmanship--October 2006

Greencort Condominium Association v. Greencort Partners, No. 4045, Pa. Ct. Com. Pl., Oct. 4, 2005--Real Estate Is Not Condominium Unless Undivided Interests in Common Elements Are Vested in Unit Owners--July 2006

Swanson v. Shagbark Development Inc., Nos. 259886, 259908, and 259909, Mich. App. Ct., Oct. 27, 2005--Court Cannot Decide Case Based on Theory of Law That Plaintiffs Did Not Raise--August 2006  

Developmental Rights

Ryan James Realty LLC v. Villages at Chester Condominium Association, 153 N.H. 194, 893 A.2d 661 (2006)--Property Not Yet Submitted to Declaration Remains Property of Developer--July 2006

Documents

Forrestal Village Community Services Association, Inc. v. Mayor, No. C-199-04, New Jersey Superior Ct., May 11, 2005--Owners Required to Vacate Units for Mold Remediation--January 2006 

Ski Time Square Condominium Association Inc. v. Ski Time Square Enterprises, 119 P.3d 588 (Colo. App. 2005)--Administrative Dissolution Does Not Equal Legal Dissolution--May 2006

Federal Law and Legislation

Dubois v. Association of Apartment Owners of 2987 Kalakaua, 453 F.3d 1175 (Ninth Cir. 2006)--Association Did Not Violate Fair Housing Act--November 2006

George v. Colony Lake Property Owners Association, No. 05 C 5899, U.S. Dist. Ct. (N. Dist. Ill.), June 16, 2006--Motion to Dismiss Racial Discrimination Claims Dismissed--October 2006 

Walton v. Claybridge Homeowners Association Inc., No. 06-1914, U.S. App. Ct., 7th Dist., Aug. 2, 2006--Board Member's Racial Slur Does Not Support Racial Discrimination Case Under Fair Housing Act--December 2006

Wilson v. Playa de Serrano, 123 P.3d 1148 (Ariz. App. 2005)--Neither a Declaration Nor Federal Law Gives Association Authority to Restrict Subdivision to Adults Only--May 2006

Municipal Relations

Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association, 383 N.J. Super. 22, 890 A.2d 947 (2006)--Planned-Unit Development Is Subject to Constitutional Standards--April 2006

Powers of the Association

A.C. Excavating v. Yacht Club II Homeowners Association, Inc., 114 P.3d 862 (Colo. 2005)--Subcontractors Can Be Sued for Construction Defects--February 2006

Bauman v. October Hill Camplot Owners' Association, Case No. 03 CA 7, Ohio App. Ct., Nov. 21, 2005--Association Has Authority to Disconnect Electricity for Failure to Pay Assessments--April 2006

Hurst v. Three Springs Ranch Homeowners Association, No. H027751, Cal. App. Ct., July 28, 2005--Association May Not Drive Vehicles Over Easement--August 2006

Legend Lake Property Owners Association Inc. v. Gloss, No. 2004AP2537, Wisc. App. Ct., Jan. 26, 2006--Association Continues to Have Power After Covenants Expire--May 2006

Parker v. Figure "8" Beach Homeowners' Association, Inc., 611 S.E.2d 874 (N.C. App. 2005)--Association Can Levy Special Assessments to Relocate Inlet--February 2006 

Property Owners of Whispering Palms Inc. v. Newport Pacific Inc., 132 Cal. App. 4th 666, 33 Cal. Rptr. 3d 845 (2005)--Association Has Standing but Regulation Does Not Apply--May 2006  

Village Condominiums Owners Association v. Montgomery County Board of Revision, 106 Ohio St. 3d 223, 833 N.E.2d 1230 (2005)--Association Cannot Appeal Common-Area Tax Valuation--April 2006

Weldy v. Northbrook Condominium Association Inc., 279 Conn. 728, 904 A.2d 188 (2006)--Board Has Authority to Adopt Rules Based on Broad Interest of Declaration--December 2006

Preliminary Injunction

Yockey v. Kearns Properties LLC, 326 Mont. 28, 106 P.3d 1185 (2005)--Limitations on Determination of Preliminary Injunction--August 2006

Risks and Liabilities

Cloutier v. Tannenwood Homeowner's Association, No. G035221, Cal. App. Ct., Oct. 27, 2005--Association Is Not Liable for Damages Sustained by Tripping Over Crack in Driveway--April 2006

Siddons v. Cook, 382 N.J. Super. 1, 887 A.2d 689 (2005)--Association Has Duty to Warn Owners of Potential Flooding Hazard--May 2006 

Gardner v. Woodland Heights Condominium Association Inc., No. CV045000083S, Conn. Super. Ct., July 26, 2005--Association Has Duty to Clean Snow and Ice from Units' Individual Entrances--July 2006

Rubin v. Juanita Shores Condominium Owner's Association, No. 53677-0-I, Wash. App. Ct., Nov. 21, 2005--Association Has No Duty to Purchase Earthquake Insurance--September 2006

 McKenna v. Willow Springs Condominium Association, No. LLICV055000050, Conn. Super. Ct., June 28, 2006--Express Language Not Enough to Establish Owner's Duty to Clear Ice From Limited Common Elements--October 2006

State and Local Legislation and Regulations

CCMS LLC v. Hills Condominium Association Inc., No. CV030408122, Conn. Super. Ct., July 11, 2005--Connecticut's Community Association Managers Act Does Not Provide for a Private Cause of Action--March 2006

Snowmass Land Company v. Two Creeks Homeowner's Association Inc., No. 05CA0024, Colo. App. Ct., July 13, 2006--Developer Could Not Withdraw Parcel--November 2006

United Grand Condominium Owners Inc. v. The Grand Condominium Association Inc., Case No. 3D05-1627, Fla. Dist. Ct. App., Feb. 22, 2006--Condominium Owners' Group Sued Developer in a Dispute Over Control of Condominium Association--June 2006

Williams v. Merrihew, No. F046011, Cal. App. Ct., Nov. 17, 2005--SLAPP Motion Does Not Apply to Lawsuit That Does Not Arise Out of Issue of Public Interest--September 2006

Voting Rights

Whitley v. Royal Trails Property Owners' Association Inc., 910 So.2d 381 (Fla. Dist. Ct. App. 2005)--Voting Rights Are Based on All Documents Related to Creating Association--April 2006