2008 Index
In This Issue:
2008 Index
Architectural Control
Assessments
Association Operations
Attorney Fees
Construction Defects
Contracts
Covenants Enforcement
Developer Liability
Developmental Rights
Documents
Federal Law and Legislation
Mechanicís Lien
Municipal Relations
Powers of the Association
Risks and Liabilities
Sales and Leases
State and Local Legislation and Regulations
Use Restrictions
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2008 Index

Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2008 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

Andrews v. Sandpiper Villagers, Inc., 215 Ore. App. 656, 170 P.3d 1098 (2007)—Architectural Review Committee Has Right to Determine a Lot's Ocean View Status—June 2008


Brutocao v. The Hunt Club Community Association, No. G037266, Cal. App. Ct., Feb. 29, 2008—Revoking Previous Approval of Construction Plans a Breach of Fiduciary Duty—November 2008

Christine Manor Civic Association v. Gullo, No. 712-VCN, Del. Chancery Ct., Nov. 2, 2007—Building-Plans Committee Acted within Authority in Denying Garage Application—February 2008

Darnell & Scrivner Architecture, Inc. v. Meadows Del Mar Homeowners Association, No. D051445, Cal. App. Ct., May 22, 2008—Architectural Design Review Not a Matter of Public Interest—August 2008

Drenter v. Duitz, 883 N.E.2d 1194 (Ind. App. 2008)—Approval Needed to Build Shed, But Not From All Owners—September 2008

El Dorado Heights Homeowners' Association v. DeWitt, 344 Mont. 77, 186 P.3d 1249 (2008)—Owner Cannot Evade Fine Regarding Architectural Control Violation—November 2008

Foonberg v. Thornhill Homeowners Association, Inc., 975 So. 2d 601 (Fla. Dist. Ct. App. 2008)—Homeowners Must Remove Perimeter Fence Not Approved by Association—December 2008

Forest Close Association, Inc. v. Richards, 845 N.Y.S. 2d 418 (2007)—Business Judgment Rule Protects Association in its Covenant Enforcement Decision—January 2008

Huntington Park Condominium Association, Inc. v. Van Wayman, No. 13-05-00464-CV, Tex. App. Ct., Feb. 28, 2008—Association's Silence on Construction Permit Review Construed as Acceptance—November 2008

Na Pali Haweo Community Association v. Grande, No. CV NO 04-00413 DAE/BMK, U.S. Dist. Ct., Dist. of Haw., March 20, 2008—Plans Must Be Approved By Architectural Review Committee and Conform to Design Guidelines—October 2008

Nellie Gail Ranch Owners Association, v. Colombo, No. G038603, Cal. App. Ct., March 24, 2008—Court Gives Owner Second Chance by Modifying Injunction on Lot Construction—November 2008

Park Row Community Association v. Shirk, No. D048151, Cal. App. Ct., July 2, 2007—Court Narrows Permanent Injunction and Affirms Association's Right to Enforce Architectural Control Provision—January 2008

Sheres v. Genender, 965 So. 2d 1268 (Fla. Dist. Ct. App. 2007)—Purchaser Did Not Have 'Implied Actual' Notice—February 2008

Wright v. Piedmont Property Owners Association, Inc., 288 Ga. App. 261, 653 S.E.2d 846 (2007)—Association Decisions Must Be Reasonable—July 2008

Yeager v. McManama, 874 N.E.2d 629 (Ind. App. 2007)—Developer's Failure to Enforce Architectural Standards Ruled Constructional Fraud—February 2008

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Assessments

Board of Directors of Hill & Dale Homeowners Association, Inc. v. Cappello, 852 N.Y.S.2d 586 (2007)—Owner Required to Pay Fees, Costs Related to Unpaid Common Charges—July 2008


Buchholz v. Waterville Estates Association, 156 N.H. 172, 934 A.2d 511 (2007)—Unit Bought at Tax Sale Subject to Assessments—March 2008

Ocean Two Condominium Association, Inc. v. Kliger, 983 So. 2d 739 (Fla. Dist. Ct. App. 2008)—Association Must Accept Partial Payments on Claim for Unpaid Assessments—October 2008

Oronoque Shores Condominium Association v. Smulley, No. CV05401373S, Conn. Super. Ct., April 10, 2008—Association Forecloses on Lien for Unpaid Fees and Assessments—August 2008

Powell v. Cedar Tree Village Homeowners Association, No. 8-088/07-11-09, Iowa App. Ct., March 14, 2008—Special Assessment to Replace Deteriorating Siding Not Authorized by Common Area Provision—December 2008

Supkis v. Madison Place Homeowners' Association, No. 01-07-00573-CV, Tex. App. Ct., June 19, 2008—Covenant to Pay Maintenance Fees and Assessments Is Covenant Running with Land—August 2008

Warren v. Highland Lakes Condo Association, Nos. 272061, 274861, 275034, Mich. App. Ct., Feb. 7, 2008—Reasonableness Standard in Analyzing Attorney's Fees—April 2008

Wright v. Bush Ross, P.A., No. 8:07-cv-1885-T-23MAP, U.S.D.C., Middle Dist. of Fla., Jan. 18, 2008—Assessments Are Debt Under Florida, Federal Collection Practices Laws—June 2008

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Association Operations

Chang v. Rockridge Manor Condominium, No. C-07-4005 EMC, U.S.D.C., N. Dist. Cal., Feb. 13, 2008—Former Board Member Sues Association, but Statute of Limitations Expire—May 2008


G&W Management, Inc. v. Glenwood Green Homeowners Association, Inc, No. CV075004185S, Conn. Superior Ct. Dec. 5, 2007—Association Owes Damages After Failing to Properly Terminate Management Contract—July 2008

Haley v. Casa del Rey Homeowners Association, 153 Cal. App. 4th 863, 63 Cal. Rptr. 3d 514 (2007)—Association Properly Passed Amendment Allowing Patio Extensions and Properly Enforced Restrictions—January 2008

Ocean Two Condominium Association, Inc. v. Kliger 983 So. 2d 739 (Fla. Dist. Ct. App. 2008)—Association Must Accept Partial Payments on Claim for Unpaid Assessments—October 2008

Parton v. Palomino Lakes Property Owners Association, Inc., 928 So. 2d 449 (Fla. Dist. Ct. App. 2006)—Owners' Self-Help Tactics Resulted in Punitive Damages and Attorney's Fees—February 2008

Torosian v. Bigsbee Village Homeowners Association, 848 N.Y.S.2d 452 (2007)—Snowplowing Service May Be Liable for Injuries—March 2008

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Attorney Fees

Parton v. Palomino Lakes Property Owners Association, Inc., 928 So. 2d 449 (Fla. Dist. Ct. App. 2006)—Owners' Self-Help Tactics Resulted in Punitive Damages and Attorney Fees—February 2008


United Bank, Inc. v. Stone Gate Homeowners Association, 220 W. Va. 375, 647 S.E.2d 811 (2007)—Owners Awarded Costs, Attorney Fees Despite Their Initiation of Suit—June 2008

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Construction Defects

Saltponds Condominium Association Inc. v. Walbridge Aldinger Co., 979 So. 2d 1240 (Fla. Dist. Ct. App. 2008)—Association Has Right to Toll Statute of Limitations on Construction Defects—October 2008


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Contracts

Board of Directors of Hill & Dale Homeowners Association, Inc. v. Cappello, 852 N.Y.S.2d 586 (2007)—Owner Required to Pay Fees, Costs Related to Unpaid Common Charges—July 2008


G&W Management, Inc. v. Glenwood Green Homeowners Association, Inc, No. CV075004185S, Conn. Superior Ct., Dec. 5, 2007—Association Owes Damages After Failing to Properly Terminate Management Contract—July 2008

Richeson v. Helal, 158 Cal. App. 4th 268, 70 Cal. Rptr. 3d 18 (2008)—Contracts with Government Entities Contain Implied Provision Reserving Powers of Modification—May 2008

Village Northridge Homeowners Association v. State Farm Fire and Casualty Company, 157 Cal. App. 4th 1416, 69 Cal. Rptr. 551 (2007)—Association Can Affirm Contract and Recover Damages for Insurance Company Fraud—May 2008

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Covenants Enforcement

Big Bass Lake Community Association v. Warren, 950 A.2d 1137 (Pa. Cmmw. 2008)—Permanent Injunction Regarding Retaining Wall Denied—August 2008


Board of Directors of Hill & Dale Homeowners Association, Inc. v. Cappello, 852 N.Y.S.2d 586 (2007)—Owner Required to Pay Fees, Costs Related to Unpaid Common Charges—July 2008

Carleton v. Edgewood Heights Condominium Owners' Association, 156 N.H. 407, 938 A.2d 120 (2007)—Attic Space: Common Area or Individual Unit Ownership Responsibility?—January 2008

Clark v. Oakhill Condominiums Association, Inc., No. 3:08-CV-283 RM, U.S.D.C., N. Dist. Ind., Sept. 15, 2008—Association's Leasing Restriction Doesn't Violate Fair Housing Act—December 2008

Cole v. Toll, No. 07-0590, U.S.D.C., E. Dist. Pa., Nov. 16, 2007—Assessments Qualify as Debt under Fair Debt Collection Practices Act—February 2008

Crestmar Owners Association v. Stapakis, 157 Cal. App. 4th 1223, 69 Cal. Cal. Rptr. 3d 231 (2007)—Association Entitled to Unassigned Parking Spaces as Dictated By Covenants—July 2008

Dauphin Island Property Owners Association, Inc. v. Pitts, No. 206022, Ala. Civ. App. Ct., Feb. 1, 2008—Injunctions Appropriate Remedy for Covenant Violations—April 2008

Dogwood Valley Citizens Association, Inc. v. Shifflet, 275 Va. 197, 654 S.E.2d 894 (2008)—Articles of Incorporation and Bylaws Do Not Equate to a Declaration—June 2008

Foonberg v. Thornhill Homeowners Association, Inc., 975 So. 2d 601 (Fla. Dist. Ct. App. 2008)—Homeowners Must Remove Perimeter Fence Not Approved by Association—December 2008

Frechtman v. Olive Executive Townhomes Homeowners' Association, No. CV 07-2888 DSF (JTLx), U.S.D.C., C. Dist. Calif., Sept. 26, 2007—Association's Enforcement of No-Dog Rule Violates Federal Fair Housing Amendments Act—February 2008

Glisson v. IRHA of Loganville, Inc., 289 Ga. App. 311, 656 S.E.2d 924 (2008)—Homeowners Must Remove a Shed Constructed in Violation of Covenants—December 2008

Godley Park Homeowners Association, Inc. v. Bowen, 286 Ga. App. 21, 649 S.E.2d 308 (2007)—Real Estate Agent Does Not Have Authority to Put 'For Sale' Sign in Owner's Window—February 2008

Golden v. Venditti, NC-2006-0143, R.I. Super. Ct., March 14, 2008—Declaration's Automatic Renewal Period Enforceable—December 2008

Granuzzo v. Willoughby Golf Club, Inc., No. 432004CA1006, Martin Co. Florida Cir. Ct., Jan. 18, 2008—Declaration Amendment Requiring Association Members to Join Club Void—April 2008

Hawkins v. Waikoloa Village Association, No. 26626, Haw. App. Ct., Feb. 5, 2008—Association Can Suspend Member's Golf Privileges for Belligerent Behavior—April 2008

In re: Walker, No. 07-14797, U.S.D.C., S. Dist. Fla., April 17, 2008—Restriction Requiring Association's Approval to Sell Units Violates Florida Law—September 2008

Jensen v. Lake Jane Estates, No. 36094-2-II, Wash. App. Ct., May 13, 2008—Covenants Valid and Enforceable Even if Developer No Longer Exists—September 2008

Keller v. Sixty-01 Association of Apartment Owners, No. 59479-6-I Consolidated w/No. 59572-5-I, Wash. App. Ct., March 31, 2008—Board Actions That Do Not Comply With Governing Documents Are Void—September 2008

Krasner v. Greens Golf Club, LLC, 849 N.Y.S.2d 378 (2007)—Golf Club Had No Authority to Assess Service Fee Against Unit Owner—July 2008

Lineberry v. Riley Farms Property Owners Association, 95 Ark. App. 286, 236 S.W.3d 534 (2006)—Restrictive Covenants Consider Bobcat a Wild Animal—June 2008

Meadow Lake Estates Homeowners Association, Inc. v. Shoemaker, 341 Mont. 345, 178 P.3d 81 (2008)—An Express Easement Can Be Extinguished by Adverse Possession—May 2008

Metzger v. Allendorf, No. DV-06-377, Montana Dist. Ct., Jan. 17, 2008—Court Traces Chains of Title to Determine Validity of Easement—April 2008

Micklon v. Dudley, No. DV-15-85, Mont. Dist. Ct., May 3, 2006—Large Garage Not a Violation of Residential Use Covenant—June 2008

Miller v. Savanna Maintenance Association Inc., 979 So. 2d 1235 (Fla. Dist. Ct. App. 2008)—Tenants' Names May Be Requested During a Lawsuit—October 2008

Na Pali Haweo Community Association v. Grande, No. CV NO 04-00413 DAE/BMK, U.S. Dist. Ct., Dist. of Haw., March 20, 2008—Plans Must Be Approved By Architectural Review Committee and Conform to Design Guidelines—October 2008

Pacific Hills Homeowners Association v. Prun, 160 Cal. App. 4th 1557, 73 Cal. Rptr. 3d 653 (2008)—Associations Must Act Timely and Decisively to Enforce Covenants—October 2008

Rice v. Bowman, No. 274968, Michigan App. Ct., Jan. 15, 2008—Amendment to Covenants Doesn't Restrict Neighboring Subdivision—May 2008

Rice v. Lost Mountain Homeowners Association, Inc., 288 Ga. App. 714, 655 S.E.2d 214 (2007)—Owners Can Be Held in Contempt of Court for Refusing to Comply with Restrictive Covenants—January 2008

RiverPointe Homeowners Association v. Mallory, 656 S.E.2d 659 (N.C. App. 2008)—Change in Planned Community Act Gives Association Authority to Foreclose on Home—June 2008

Sheres v. Genender, 965 So. 2d 1268 (Fla. Dist. Ct. App. 2007)—Purchaser Did Not Have 'Implied Actual' Notice—February 2008

Weaver v. Goro, No. 35838-7-II, Wash. App. Ct., June 17, 2008—Bylaws Constitute an Equitable Servitude—August 2008

Yeager v. McManama, 874 N.E.2d 629 (Ind. App. 2007)—Developer's Failure to Enforce Architectural Standards Ruled Constructional Fraud—February 2008

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Developer Liability

Oates v. Larkin, 23 Mass. L. Rep. 390 (2007)—Residential Owners Association Has Standing to Sue Developer and Design Contractors for Construction Defects—April 2008


Yeager v. McManama, 874 N.E.2d 629 (Ind. App. 2007)—Developer's Failure to Enforce Architectural Standards Ruled Constructional Fraud—February 2008

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Developmental Rights

Rakowski v. Committee to Protect Clear Creek Village Homeowners' Rights and Preserve Our Park, 252 S.W. 3d 673 (Tex. App. 2008)—Area Outside Subdivision Boundaries Subject to CC&Rs—August 2008


Southwick at Milford Condominium Association v. 523 Wheelers Farms Road, LLC, No. CV0650000784, Conn. Superior Ct., March 3, 2008—Successor Developer Does Not Have Blanket Right to Develop—November 2008

Yeager v. McManama, 874 N.E.2d 629 (Ind. App. 2007)—Developer's Failure to Enforce Architectural Standards Ruled Constructional Fraud—February 2008

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Documents

Birdwood v. Bulotti Construction, Inc., 175 P.3d 179 (Idaho 2007)—Restrictions Not Signed By Property Owner Not Binding On Lot Purchasers—December 2008


Board of Trustees of the Old Stone Bridge Acres Condominium Trust v. Longview Realty Trust, 23 Mass. L. Rep. 449 (2008)—Board Has Standing to Sue Developer-Appointed Board Members without First Pursuing Arbitration—June 2008

Golden v. Venditti, NC-2006-0143, R.I. Super. Ct., March 14, 2008—Declaration's Automatic Renewal Period Enforceable—December 2008

In re: Walker, No. 07-14797, U.S.D.C., S. Dist. Fla., April 17, 2008—Restriction Requiring Association's Approval to Sell Units Violates Florida Law—September 2008

Lake v. Woodcreek Homeowners Association, 142 Wn. App. 356, 174 P.3d 1224 (2007)—Air Space Above Condominium Unit Defined as Common Area—March 2008

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Federal Law and Legislation

Alberto San, Inc. v. Consejo de Titulares del Condominio San Alberto, 522 F.3d 1 (1st Cir. 2008)—Change in Condominium Voting Rights Statute Not Grounds for Federal Case—September 2008


Clark v. Oakhill Condominiums Association, Inc., No. 3:08-CV-283 RM, U.S.D.C., N. Dist. Ind., Sept. 15, 2008—Association's Leasing Restriction Doesn't Violate Fair Housing Act—December 2008

Frechtman v. Olive Executive Townhomes Homeowners' Association, No. CV 07-2888 DSF (JTLx), U.S.D.C., C. Dist. Calif., Sept. 26, 2007—Association's Enforcement of No-Dog Rule Violates Federal Fair Housing Amendments Act—February 2008

In re: Reese, No. 07-14734, U.S.D.C., E. Dist. Mich., Feb. 22, 2008—Association Not Entitled to Attorney's Fees Incurred for Monitoring Bankruptcy Plan—March 2008

Nolan v. Starlight Pines Homeowners Association, 216 Ariz. 482, 167 P.3d 1277 (2007)—Association Did Not Discriminate Against Owner with Disability—September 2008

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Mechanicís Lien

Steeplechase Subdivision Homeowners Association, Inc. v. Thomas, No. 2006-CA-002146-MR, Ky. App. Ct., Feb. 8, 2008—Fees for Maintenance Services Cannot Be Collected by Mechanic's Lien—March 2008


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Municipal Relations

Pheasant Run Condominium Homes Association v. City of Brookfield, No. 07-C-0082, U.S.D.C., E. Dist. of Wisc., Sept. 30, 2008—City Requirement that Condominium Associations Maintain Roads Not Discriminatory, Not a Violation of Equal Protection Rights—December 2008


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Powers of the Association

Board of Trustees of the Old Stone Bridge Acres Condominium Trust v. Longview Realty Trust, 23 Mass. L. Rep. 449 (2008)—Board Has Standing to Sue Developer-Appointed Board Members without First Pursuing Arbitration—June 2008


Bosco v. Arrowhead by the Lake Association, Inc., No. CV054007579S, Conn. Super. Ct., May 7, 2008—Board of Directors Must Act Within Scope of Authority—October 2008

Brutocao v. The Hunt Club Community Association, No. G037266, Cal. App. Ct., Feb. 29, 2008—Revoking Previous Approval of Construction Plans a Breach of Fiduciary Duty—November 2008

Eastgate Village Water and Sewer Association, Inc. v. Davis, 343 Mont. 108, 183 P.3d 873 (2008)—Association Has Authority to Prohibit Private Irrigation Wells—October 2008

Gall v. The Mariemont Windsor Square Condominium Association, 175 Ohio App. 3d 689, 888 N.E.2d 1144 (2008)—Amending Unit's Par Value, Interest in Common Areas Not a Clerical Change—December 2008

Harvey v. The Landing Homeowners Association, 162 Ca. App. 4th 809, 76 Cal. Rptr. 3d 41 (2008)—Association May Give Owners Exclusive Rights to Common Areas—November 2008

In re: Walker, No. 07-14797, U.S.D.C., S. Dist. Fla., April 17, 2008—Restriction Requiring Association's Approval to Sell Units Violates Florida Law—September 2008

Lim v. Malibu Bay Owners Association, No. B199141, Cal. App. Ct., June 2, 2008—Lawsuit against Association for Breach of Fiduciary Duty Not SLAPP Suit—November 2008

Martin v. Estates of Russell Creek Homeowners Association, Inc., 251 S.W. 3d 899 (Tex. App. 2008)—Negotiations to Allow a Cell Phone Tower Adjacent to Subdivision Does Not Constitute Breach of Fiduciary Duty—September 2008

Ryefield II Association, Inc. v. Drummond, No. TTDCV0840084095, Conn. Superior Ct., Feb. 1, 2008—Association Has Right to Enforce Bylaws Regarding Pet Ownership—November 2008

Saltponds Condominium Association Inc. v. Walbridge Aldinger Co., 979 So. 2d 1240 (Fla. Dist. Ct. App. 2008)—Association Has Right to Toll Statute of Limitations on Construction Defects—October 2008

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Risks and Liabilities

Anderson v. Council of Unit Owners of The Gables on Tuckerman Condominium, 404 Md. 560, 948 A.2d 11 (2008)—Condominium Doesn't Have to Repair or Replace Units after Casualty Loss—May 2008


Brooks-McCollum v. State Farm Insurance Company, No. 04-419-JJF, U.S.D.C., Dist. of Del., May 13, 2008—Director Filing Action Not Covered By Insurance Policy—August 2008

Legacy Condominiums, Inc. v. Landmark American Insurance Company, No. 1:06cv1108-KS-MTP, U.S.D.C., So. Dist. of Miss., Jan. 4, 2008—Insurance Policy's Exclusion on Repairing Water Damage Applied—July 2008

McMahon v. Pleasant Valley West Association, 952 A.2d 731 (Pa. Cmmw. 2008)—Association Does Not Have Duty to Protect Resident from Dangerous Dog—August 2008

Olde Severna Park Improvement Association, Inc. v. Gunby, 402 Md. 317, 936 A.2d 365 (2007)—Developer's Reserved Riparian Rights Transfer to New Owner with Waterfront Property Deed—April 2008

Peters & Freedman LLP v. McMahon, No. G037871, Cal. App. Ct., Oct. 30, 2007—Homeowners' Web Posting Not Protected Speech under Anti-SLAPP Law—February 2008

Razak v. The Marina Club of Tampa Homeowners Association, Inc., 968 So. 2d 616 (Fla. Dist. Ct. App. 2007)—Original Developer's Lien Invalid—July 2008

Sosa v. Rockpointe Homeowners Association, Inc., No. B192055, Cal. App. Ct., Jan. 29, 2008—Mold Damage in Condominium Unit Not Properly Dismissed on Summary Judgment—March 2008

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Sales and Leases

Clark v. Oakhill Condominiums Association, Inc., No. 3:08-CV-283 RM, U.S.D.C., N. Dist. Ind., Sept. 15, 2008—Association's Leasing Restriction Doesn't Violate Fair Housing Act—December 2008


Quality Foods, Inc. v. Smithberg, 288 Ga. App. 47, 653 S.E.2d 486 (2007)—Lender Does Not Have To Be Institutional Mortgagee—July 2008

In re: Walker, No. 07-14797, U.S.D.C., S. Dist. Fla., April 17, 2008—Restriction Requiring Association's Approval to Sell Units Violates Florida Law—September 2008

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State and Local Legislation and Regulations

Anderson v. Council of Unit Owners of The Gables on Tuckerman Condominium, 404 Md. 560, 948 A.2d 11 (2008)—Condominium Doesn’t Have to Repair or Replace Units after Casualty Loss—May 2008


Brownstein v. Hagaman, No. B195377, Cal. App. Ct., May 20, 2008—Court Must Have Legal Authority to Invalidate Sale of Property—September 2008

Busalacchi v. McCabe, 71 Mass. App. Ct. 493, 883 N.E.2d 966 (2008)—Condominium Ownership Exempted from Common-Law Doctrine of Merger—September 2008

Clark v. Oakhill Condominiums Association, Inc., No. 3:08-CV-283 RM, U.S.D.C., N. Dist. Ind., Sept. 15, 2008—Association's Leasing Restriction Doesn't Violate Fair Housing Act—December 2008

Harper v. Coats, 988 So. 2d 501 (Ala. 2008)—Roads Depicted on Recorded Subdivision Plat Are Dedicated to the Public—May 2008

Indian Rocks Property Owners Association, Inc. of Ledgedale v. Glatfelter, 940 A.2d 603 (Pa. Commw. (2008)—State Law Trumps Local Ordinances and Association Policies—September 2008

Lucibello v. McGinley, No. 2:07-cv-217-FtM-34SPC, U.S.D.C. (Middle Dist. of Fla.), Feb. 12, 2008—'Tester' Has Standing to Bring ADA Claim in Federal Court—April 2008

Pheasant Run Condominium Homes Association v. City of Brookfield, No. 07-C-0082, U.S.D.C., E. Dist. of Wisc., Sept. 30, 2008—City Requirement that Condominium Associations Maintain Roads Not Discriminatory, Not a Violation of Equal Protection Rights—December 2008

Plano Parkway Office Condominiums v. Bever Properties, LLC, 246 S.W.3d 188 (Tex. App. 2007)—Units Sold Prior to Association's Incorporation Part of Condominium Regime—January 2008

RiverPointe Homeowners Association v. Mallory, 656 S.E.2d 659 (N.C. App. 2008)—Change in Planned Community Act Gives Association Authority to Foreclose on Home—June 2008

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Use Restrictions

Apple Valley Gardens Assn, Inc. v. MacHutta, 306 Wis. 2d 780, 743 N.W.2d 483 (2007)—Use Restrictions May Be Included in Bylaws—July 2008


Frechtman v. Olive Executive Townhomes Homeowners' Association, No. CV 07-2888 DSF (JTLx), U.S.D.C., C. Dist. Calif., Sept. 26, 2007—Association's Enforcement of No-Dog Rule Violates Federal Fair Housing Amendments Act—February 2008

Powder Farm Park Assoc., Inc. v. SKF Leeder Hill, LLC, No. CV084031022S, Conn. Super. Ct., June 5, 2008—If Conditional Approval Given, Condominium Association Cannot Seek Permanent Injunction—October 2008

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