December 18, 2007
In This Issue:
2007 Index
Architectural Control
Assessments
Association Operations
Attorney Fees
Construction Defects
Contracts
Covenants
Covenants Enforcement
Developer Liability
Developmental Rights
Documents
Federal Law and Legislation
Powers of the Association
Risks and Liabilities
Sales and Leases
State and Local Legislation
State and Local Legislation and Regulations
Taxes and Tax Regulation
Use Restrictions
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2007 Index

Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2007 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 Daniel Brannigan.

Architectural Control

Indian Beach Property Owners' Association v. Linden, 222 S.W.3d 682 ( Tex. App. 2007)—Architectural Control Committee Approval Not Required to Be Written—October 2007

Journeay v. Berry, 953 So. 2d 1145 ( Miss. App. 2007)—Recording Protective Covenants under a Misnomer Does Not Affect Covenants’ Validity—September 2007

Kleinhans v. Kunsmans, No. C053268, Cal. App. Ct., March 13, 2007—Complaining Neighbors Can Enforce Restrictive Covenants Even without Architectural Control—October 2007

Stoneridge Farms Association v. Fuller, No. L-06-1103, Ohio App. Ct., March 16, 2007—Below-Grade Area in Multi-Level Home is Part of Minimum Living Area Specified in Deed Restriction—June 2007

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Assessments

Alfred Vail Mutual Association v. Steward, No 06-1572 (FLW), U.S. Dist. Ct., Dist. of N.J., December, 20, 2006—Association May Not File Probate Action against Bankrupt Unit Owner Without First Requesting Relief from Stay—April 2007

Bella Vista Condominium Association v. Byars, No. CV03180606, Conn. Superior Ct., Nov. 8, 2005—Unit Owner Has Obligation to Pay Validly Levied Common Charges—March 2007

Fisher v. Terrace Heights Condominium Association, Inc., No. CV030477039, Conn. Super. Ct., March 28, 2007—Association Must Disclose Past Due Assessments to New Purchasers—September 2007

Garcia Produce LLC v. De La Fuente Business Park Owners Association, No. D045269, Cal. App. Ct., Dec. 9, 2005—Assessments Violated Declaration—March 2007

In re: Fen Chen, 351 B.R. 355 (E.D. Vir. 2006)—Statute of Limitations Bars Association from Collecting on Liens—May 2007

In re: Nwonwu, 948 So. 2d 809 ( Fla. Dist. Ct. App. 2007)—Association's Secured Lien Disallowed in Chapter 13 Bankruptcy After Deadline Missed—October 2007

Kaanapali Hillside Homeowners' Association v. Doran, 112 Haw. 356, 145 P.3d 899 (2006)—Express and Implied Covenants Include Obligation to Pay Assessments—May 2007

Silver Lakes Association v. Dunn, No. E036892, Cal. App. Ct., Nov. 30, 2005—Suit for Breach of Contract and Foreclosure for Failure to Pay Assessments Constitute Malicious Prosecution—April 2007

Will v. Mill Condominium Owners' Association, 179 Vt. 500, 898 A.2d 1264 (2006)—Foreclosure Sale Must Meet Reasonableness Standards—June 2007

Woodview Condominium Association, Inc. v. Shanahan, 391 N.J. Super. 170, 917 A.2d 790 (2007)—Mortgagee in Possession of Unit Is Liable for Delinquent Assessments—September 2007

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Association Operations

Architectural Committee for Prestwick Estates Unit No. 1 v. Hunt, No. G035843, Ca. App. Ct., January 18, 2007—Petition Is Effective to Remove a Sitting Architectural Committee but Ineffective to Elect New Members—August 2007

Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association, 192 N.J. Super. 344, 929 A.2d 1060 (2007)—Rules and Regulations Don't Violate Residents' Rights of Free Speech and Assembly—November 2007

Finderne Heights Condominium v. Rabinowitz, 390 N.J. Super. 154, 915 A.2d 16 (2007)—Alternative Dispute Resolution An Option After Suit Is Filed—July 2007

In re: Savage, 371 B.R. 171 (U.S.D.C., E. Dist. Louisiana 2007)—Unit Owners Defraud Association by Using Insurance Proceeds for Living Expenses, Attorney Fees—November 2007

Murrell v. Crocker, No. B190152, Cal. App. Ct. (June 28, 2007)—Board Members Required Only to Act in Good Faith—November 2007

Smolker v. Pacific Villas Homeowners Association, No. B138229, Cal. App. Ct., March 19, 2007—Deference Given to Good Faith Efforts of Association Boards—November 2007

Somers West Town Houses, Inc. v. LAS Properties Limited Partnership, No. CV054001489S, Conn. Super. Ct., March 8, 2007—Partnership that Owns Unit Is only Entitled to One Vote—September 2007

Westwyk Condominium Association v. Roche, No. 03-06295-19-1, Pa. Cmwlth. Ct., September 11, 2006—Association May Rely on Mailbox Rule When Sending Correspondence to Members—September 2007

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Attorney Fees

Franciscan Park Association Inc. v. Woody, No. B182439, Cal. App. Ct., Aug. 7, 2006—Attorney Fees Not Awarded When Lawsuit Is Voluntarily Dismissed—January 2007

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Construction Defects

Quail Hollow West Owners Association v. Brownstone Quail Hollow LLC, 206 Ore. App. 321, 136 P.3d 1139 (2006)—Association Is Barred from Suing Developer for Construction Defects—January 2007

Winthrop House Association, Inc. v. Brookside Elm Limited Partners, 451 F. Supp. 2d 336 (Dist. of Conn. 2005)—Developer Did Not Exclude Warranties, Did Not Meet Disclaimer Requirements—August 2007

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Contracts

Fisher v. Terrace Heights Condominium Association, Inc., No. CV030477039, Conn. Super. Ct., March 28, 2007—Association Must Disclose Past Due Assessments to New Purchasers—September 2007

Hamptons West Condominium Association Inc. v. Hamptons South Condominium Association Inc., 919 So. 2d 509 ( Fla. Dist. Ct. App. 2005)—Certificate of Occupancy Refers to Any Certificate of Occupancy—March 2007

Lakehurst Condominium Owners Association v. Trinity Universal Insurance Company of Kansas, 486 F. Supp. 2d 1205 (W. Dist. Wash. 2007)—Insurer's Decision to Deny Claim Reasonable—December 2007

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Covenants

Micklon v. Dudley, No. DV-15-85, Mont. Dist. Ct., May 3, 2006—Large Garage is Not Violation of Residential Use Covenant—May 2007

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Covenants Enforcement

Arcadian Shores Single Family Homeowners Association. Inc. v. Cromer, No. 4223, S.C. App. Ct., May 17, 2007—Association Waived Right To Enforce Covenants through Non-Enforcement—August 2007

Architectural Committee for Prestwick Estates Unit No. 1 v. Hunt, No. G035843, Ca. App. Ct., January 18, 2007—Petition Is Effective to Remove a Sitting Architectural Committee but Ineffective to Elect New Members—August 2007

Armstrong v. The Ledges Homeowners Association Inc., 360 N.C. 547, 633 S.E.2d 78 (2006)— North Carolina Law Imposes Limitations on Amending Declaration—February 2007

Bloomfield Estates Improvement Association, Inc. v. City of Birmingham, 479 Mich. 206, 737 N.W. 2d 670 (2007)— Dog Park Violates "Residential Purposes Only" Deed Restriction—December 2007

Brown v. Clay Hill Condominium Homeowners Association, No. A115074, Calif. App. Ct., July 20, 2007—Associations Not Protected Under California's Anti-SLAPP Statute—December 2007

Ceplecha v. Pine Knoll Townes Phase II Association, 626 S.E.2d 767 (N.C. App. 2006)—Amendment that Does Not Comply with North Carolina Unit Ownership Act Is Void—August 2007

Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association, 192 N.J. Super. 344, 929 A.2d 1060 (2007)—Rules and Regulations Don't Violate Residents' Rights of Free Speech and Assembly—November 2007

Cunningham v. Ravenwood Hills Homeowners Association, No. DV-04-147 Mont. Dist. Ct., Missoula Co., November 16, 2006—An Express Date for Covenant Amendment or Expiration will be Interpreted Strictly—June 2007

Garcia Produce LLC v. De La Fuente Business Park Owners Association, No. D045269, Cal. App. Ct., Dec. 9, 2005—Assessments Violated Declaration—March 2007

Gilbert v. Simonka, Nos. S-11470, S-11841, 1282, Alas. Supreme Ct., July 25, 2007—Resident Must Sue Co-Tenants, Not Association, for Bad Behavior—December 2007

Girsh v. St. John, 218 S.W.3d 921 ( Tex. App. 2007)—Restrictive Covenant Cannot Be Enforced after Statute of Limitations Expires—July 2007

Goddard v. Northhampton Homeowners Association, Inc., 229 S.W.3d 353 ( Tex. App. 2007)—Board May Increase Assessments Despite Contradictory Language in Declaration—August 2007

Huberman v. Lutz, No. D045693, Cal. App. Ct., Nov. 29, 2005—Declaration Provision Requires Owners to Soundproof Floor—February 2007

Journeay v. Berry, 953 So. 2d 1145 ( Miss. App. 2007)—Recording Protective Covenants under a Misnomer Does Not Affect Covenants’ Validity—September 2007

Kleinhans v. Kunsmans, No. C053268, Cal. App. Ct., March 13, 2007—Complaining Neighbors can Enforce Restrictive Covenants Even without Architectural Control—October 2007

Palmia Master Association v. Rufran, No. G037850, Cal. App. Ct., July 25, 2007—Associations Not Protected Under California's Anti-SLAPP Statute—December 2007

Park West Condominium Association, Inc. v. Deppe, 153 P.3d 821 ( Utah App. 2006)—Nonprofit Corporations Act Provisions Trump Condominium Act—June 2007

Reidy v. Whitehart Association, Inc., 648 S.E. 2d 265 (N.C. App. 2007)—Constitutionality of North Carolina Planned Community Act Upheld—November 2007

River Dale Association v. Bloss, 901 A.2d 809 ( Me. 2006)—Covenants Did Not Prohibit Modular Homes and May Not Prohibit Vinyl Siding—January 2007

Silver Lakes Association v. Dunn, No. E036892, Cal. App. Ct., Nov. 30, 2005—Suit for Breach of Contract and Foreclosure for Failure to Pay Assessments Constitute Malicious Prosecution—April 2007

Smith v. Ledbetter, 961 So. 2d 141 ( Ala. App. 2006)—House on Lot that Bordered Two Streets Did Not Have to Face Specific StreetJuly 2007

Smokerise Homeowners Association v. Abernathy,  962 So. 2d 793 ( Ala. 2007)—Developer Did Not Violate Restrictive Covenants by Selling Land—July 2007

Stoneridge Farms Association v. Fuller, No. L-06-1103, Ohio App. Ct., March 16, 2007—Below-Grade Area in Multi-Level Home is Part of Minimum Living Area Specified in Deed Restrictions—June 2007

Villas West II of Willowridge Homeowners Association Inc. v. McGlothin, 841 N.E.2d 584 ( Ind. App. 2006)—Covenant Leasing Prohibition Violates Fair Housing Act—January 2007

West Reach Estates Association v. Collard, No. NC-2006-315, Rhode Isl. Superior Ct., Apr. 5, 2007—Owners Must Remove Motor Home that Violates “Inconspicuous Place” Restriction—September 2007

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Developer Liability

Winthrop House Association, Inc. v. Brookside Elm Limited Partners, 451 F. Supp. 2d 336 (Dist. of Conn. 2005)—Developer Did Not Exclude Warranties, did Not Meet Disclaimer Requirements—August 2007

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Developmental Rights

Emerald Pointe L.L.C. v. Jonak, 202 S.W.3d 652 ( Mo. App. 2006)—Easement Applies to Existing Road and Property Is Not Subject to Declaration—January 2007

Hi-Lo Heights Lakefront Property Owners Association, Inc. v. Columbia Township, No. 260848, Mich. App. Ct., January 23, 2007—Quitclaim Deed Grants Rights to Use of Lake-Front Improvements to All Lot Owners Collectively—May 2007

Smokerise Homeowners Association v. Abernathy, 962 So. 2d 793 ( Ala. 2007)—Developer Did Not Violate Restrictive Covenants by Selling Land—July 2007

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Documents

Ebel v. Fairwood Park II Homeowners' Association, 136 Wn. App. 787, 150 P.3d 1163 (2007)—Amendment Valid Because Owners Paid Assessments and were Involved in Association—November 2007

Lowden v. Bosley, 395 Md. 58, 909 A.2d 261 (2006)—Vacation Home Rentals Not a Commercial or Business Use—May 2007

Peak Investments v. South Peak Homeowners Association Inc., 140 Cal. App. 4th 1363, 44 Cal. Rptr. 3d 892 (2006)—Court Has Authority to Change Voting Requirement for Amendment Approval—February 2007

Picard v. Sugar Valley Homes Association, 37 Kan. App. 2d 210, 151 P.3d 850 (2007)—Association Ratification Makes Articles Valid Even When Not Filed with State—October 2007

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Federal Law and Legislation

Estate of Nicolas v. Ocean Plaza Condominium Association, Inc., 388 N.J. Super. 571, 909 A.2d 1144 (2006)—Jury Must Decide if Parking Accommodations for Handicapped Resident Reasonable—November 2007

Housing Opportunities Project for Excellence, Inc. v. Key Colony No. 4 Condominium Association, Inc., 510 F.Supp. 2d 1003 (S. Dist. Fla. 2007)—Occupancy Standards and Rules Targeting Familial Status May Violate Federal Law—May 2007

In re: Sports Shinko ( Florida) Co. Ltd. v. Greenlefe Golf and Tennis Resort, 333 B.R. 483 (M.D. Fl. 2005)—Association is Entitled to Reimbursement of Expenses to Maintain Condominiums—March 2007

Simonson v. Hemlock Farms Community Association, Inc., No. 3:o6cv2084, U.S. Dist. Ct., Mid. Dist. of Pa., January 16, 2007—Association Did Not Violate Nonresident's Civil Rights by Mailing Speeding Ticket—July 2007

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Powers of the Association

Anderson v. Nottingham Village Homeowner's Association, Inc., 37 A.D. 3d 1195, 830 N.Y.S.2d 882 (2007)—Business Judgment Rule is not Defense in Breach of Contract Claim—September 2007

Association of Apartment Owners of Ahuimanu Gardens v. Flint, No. 26826, Haw. Supreme Ct., Dec. 2, 2005—Owner's Right to Possession and Ownership Does Not Trump Board's Authority to Treat Termite Infestation—February 2007

Bhushan v. Loma Alta Towers Owner's Association Inc., 148 Fed. Appx. 882 (2005)—Release Signed by Unit Owner at Closing Is Valid—February 2007

Ceplecha v. Pine Knoll Townes Phase II Association, 176 N.C. App. 566, 626 S.E.2d 767 (2006)—Amendment that Does Not Comply with North Carolina Unit Ownership Act Is Void—August 2007

King v. Chism, 279 Ga. App. 712, 632 S.E.2d 463 (2006)—Association May Tow Cars for Vehicle-Rule Violations—March 2007

Kuznicki v. Mason, 273 Va. 166, 639 S.E.2d 308 (2007)—Owner Does Not Have Standing to Sue for Claims Related to Limited Common Elements—June 2007

Peak Investments v. South Peak Homeowners Association Inc., 140 Cal. App. 4th 1363, 44 Cal. Rptr. 3d 892 (2006)—Court Has Authority to Change Voting Requirement for Amendment Approval—February 2007

Picard v. Sugar Valley Homes Association, 37 Kan. App. 2d 210, 151 P.3d 850 (2007)—Association Ratification Makes Articles Valid Even When Not Filed with State—October 2007

Port Liberte Homeowners Association, Inc. v. Sordoni Construction Company, 393 N.J. Super. 492, 924 A.2d 592 (2007)—Association that Steps into Developer's Shoes Has Authority to Sue Manufacturer—December 2007

Quail Hollow West Owners Association v. Brownstone Quail Hollow LLC, 206 Ore. App. 321, 136 P.3d 1139 (2006)—Association Is Barred From Suing Developer for Construction Defects—January 2007

Suave v. Heritage Hills 1 Condominium Owners Association, No. 06CV1256, Colo. Dist. Court, November 7, 2006—Smoking Not a Constitutional Right—November 2007

Swan Creek Village Homeowners Association v. Warne, 134 P.3d 1122 (Utah 2006)—Association May Not Levy New Assessment for Previously Incurred Obligation—April 2007

The Circle Villas Condominium Association, Inc. v. The Circle Property Owners' Association, Inc., 957 So. 2d 1207 ( Fla. Dist. Ct. App. 2007)—Condominium Association Has Standing to Sue Master Association—September 2007

Walden Woods Homeowners' Association v. Friedman, 36 A.D.3d 691, 828 N.Y.S.2d 188 (2007)—Board's Action Is Subject to Business Judgment Rule—April 2007

Westlake Properties, Inc. v. Westlake Pointe Property Owners Association, Inc., 273 Va. 107, 639 S.E.2d 257 (2007)—Developer Has Liability in Negligence after Control of Community Is Passed to Association—July 2007

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Risks and Liabilities

Allstate Insurance Company v. Chesler, 478 F.Supp. 2d 1220 (Dist. Haw. 2007)—Homeowners Policy Did Not Pay a Neighboring Homeowner for Destruction of Their Property—August 2007

Bodnar v. Hawthorn of Aurora Limited Partnership, No. 2006-P-0002, Ohio App. Ct., December 22, 2006—Developer and Association Did Not Have Duty to Warn Licensee Who Used Common Areas—June 2007

Ceplecha v. Pine Knoll Townes Phase II Association, 176 N.C. App. 566, 626 S.E.2d 767 (2006)—Amendment that Does Not Comply with North Carolina Unit Ownership Act Is Void—August 2007

Delsasso v. Broder, No. CV030180347S, Conn. Superior Ct., Nov. 14, 2005—Property Owner Did Not Suffer Emotional Distress from Lien Against Property—March 2007

Hayes v. Lakeside Village Owners Association, Inc., 282 Ga. App. 866, 640 S.E. 2d 373 (2006)—Restrictive Covenant Requires Owners to Use Common Areas at Own Risk, Association not Liable for Personal Injury—October 2007

Premium Point Park Association v. Lanza, 836 N.Y.S.2d 489 (2007)—Association Is Not Responsible for Damage to Adjacent Property from Fallen Tree—July 2007

Prime Insurance Syndicate v. Association of Property Owners of Hideout Inc., No. 3:05cv1692, U.S. Dist. Ct., Middle Dist. of Pa., Dec. 19, 2006—Liability Insurance Carrier Is Not Obligated to Indemnify Association—April 2007

Queen Villas Homeowners Association v. TCB Property Management, No. G037019 Cal. App. Ct., February 28, 2007—Property Management Indemnity Clause Falls Short of Complete Protection—October 2007

Wall v. Granville Towers Homeowners Association, No. B189734, Cal. App. Ct., July 24, 2007—Unit Owner Entitled to Two Parking Spaces because Parking Easement Not Abandoned—December 2007

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Sales and Leases

Blue Ridge Bank and Trust Co. v. Trosen, 221 S.W.3d 451 ( Mo. App. 2007)—Notice of Pending Sale to Adjacent Owner Must Be in Writing—December 2007

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State and Local Legislation

Ceplecha v. Pine Knoll Townes Phase II Association, 176 N.C. App. 566, 626 S.E.2d 767 (2006)—Amendment that Does Not Comply with North Carolina Unit Ownership Act Is Void—August 2007

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State and Local Legislation and Regulations

Brown v. Clay Hill Condominium Homeowners Association, No. A115074, Calif. App. Ct., July 20, 2007—Associations Not Protected Under California's Anti-SLAPP Statute—December 2007

Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association, 192 N.J. Super. 344, 929 A.2d 1060 (2007)—Rules and Regulations Don't Violate Residents' Rights of Free Speech and Assembly—November 2007

Dudek v. Milford Professional Condominium Association, Inc., No. AANCV055000285, Conn. Super. Ct., February 20, 2007—Duty of Care for Injured Depends on Condominium Statutes—October 2007

Estate of Nicolas v. Ocean Plaza Condominium Association, Inc., 388 N.J. Super. 571, 909 A.2d 1144 (2006)—Jury Must Decide if Parking Accommodations for Handicapped Resident Reasonable—November 2007

Lakehurst Condominium Owners Association v. Trinity Universal Insurance Company of Kansas, 486 F. Supp. 2d 1205 (W. Dist. Wash. 2007)—Insurer's Decision to Deny Claim Reasonable—December 2007

Oak Lane Homeowners Association v. Griffin, 153 P.3d 740 ( Utah App. 2006)—Ordinances Are Construed According to Their Plain Meanings—June 2007

Palmia Master Association v. Rufran, No. G037850, Cal. App. Ct., July 25, 2007—Associations Not Protected Under California's Anti-SLAPP Statute—December 2007

Robinson v. Evans, 959 So. 2d 634 ( Ala. 2006)—Termination and Partition Require Total or Substantial Destruction, Deterioration, or Obsolescence of Property—April 2007

Silver Lakes Association v. Dunn, No. E036892, Cal. App. Ct., Nov. 30, 2005—Suit for Breach of Contract and Foreclosure for Failure to Pay Assessments Constitutes Malicious Prosecution—April 2007

Taniguchi v. Association of Apartment Owners of King Manor, Inc., 114 Haw. 37, 155 P.3d 1138 (2007)—Statute Restricting Who May Serve on Board Does Not Apply Retroactively—October 2007

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Taxes and Tax Regulation

Sun City Grand Community Association v. Maricopa County, 164 P.3d 679 ( Ariz. 2007)—Amenities Classified as "Common Area" for Tax Purposes—December 2007

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Use Restrictions

Gilbert v. Simonka, Nos. S-11470, S-11841, 1282, Alas. Supreme Ct., July 25, 2007—Resident Must Sue Co-Tenants, Not Association, for Bad Behavior—December 2007

Hayes v. Lakeside Village Owners Association, Inc., 282 Ga. App. 866, 640 S.E. 2d 373 (2006)—Restrictive Covenant Requires Owners to Use Common Areas at Own Risk, Association not Liable for Personal Injury—October 2007

Huberman v. Lutz, No. D045693, Cal. App. Ct., Nov. 29, 2005—Declaration Provision Requires Owners to Soundproof Floor—February 2007

Jackson v. Canyon Place Homeowner's Association, Inc., 731 N.W.2d 210 (S.D. 2007)—Dumpster Violates "No Dumping" Restriction—August 2007

Las Brisas-Diamond Bar Homeowners Association v. Dolezal, No. B180907, Cal. App. Ct., Aug. 24, 2006—Nonuse Does Not Negate Easement—January 2007

Vales v. Kings Hill Condominium Association, 211 Ariz. 561, 125 P.3d 381 (2005)—Amendment Restricting Leasing Units Is Partially Valid—February 2007

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