2009 Index
In This Issue:
2009 Index
Architectural Control
Assessments
Association Operations
Attorney Fees
Contracts
Covenants Enforcement
Developer Liability
Developmental Rights
Documents
Federal Law and Legislation
Miscellaneous/Miscellaneous Association Problems
Powers of the Association
Risks and Liabilities
State and Local Legislation and Regulations
Taxes and Tax Regulation
Use Restrictions
Warranties
Quick Links:
E-mail Our Editor
Visit Our Home Page
View Archives
View Credits
printer friendly
 

2009 Index

Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2009 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

Bibi v. Royal Hidden Cove at the Polo Club Homeowners Association, Inc., 974 So. 2d 619 (Fla. Dist. Ct. App. 2008)—Homeowner Cannot Sue Association if Master Association Fails to Approve Plans—May 2009


Indian Springs Owners Association v. Greeves, 277 S.W.3d 793 (Mo. App. Ct. 2009)—Trustees Have Standing to Sue to Enforce Subdivision Covenants—October 2009

Kenny v. Rich, 186 P.3d 989 (Utah App. 2008)—Homeowner Cannot Construct Addition that Violates Setback Restriction—March 2009

Regency Homes Association v. Schrier, No. No. S-07-903, Neb. Supr. Ct., Jan. 23, 2009—Covenants May Be Amended By Fewer Than Majority Vote in Accordance with Bylaws—December 2009

Schwartz v. Banbury Woods Homeowners Association, Inc., 675 S.E.2d 382 (2009)—Motor Home Must Be Parked in Garage or Screened Area Approved by Architectural Committee—December 2009

Sherwood Lake Association, Inc. v. DeAngelo, No. 2008 CA 0695, La. App. Ct., 1st Circuit, Sept. 12, 2008—Decision to Use Garage as a Den Does Not Violate Use Restriction—January 2009

Skyline Woods Homeowners Association, Inc. v. Broekemeier, 276 Neb. 792, 758 N.W.2d 376 (2008)—Golf Course Subject to Implied Restrictive Covenants—June 2009

Tezak v. Blanco, No. G03815 Cal. App. Ct., Sept. 9, 2008—Amendment that Changes Approval and Enforcement Provisions Valid—March 2009

The Montgomery Towne Homeowners' Association, Inc. v. Greene, No. C-070568, Ohio App. Ct., Dec. 31. 2008—Owners Must Remove Non-Compliant Basement Windows—July 2009

[ return to top ]

Assessments

Belt v. Point Venture Property Owners' Association, Inc., No. 03-07-00701-CV, Tex. App. Ct., July 30, 2008—Association Can Receive Excess Proceeds after Satisfaction of Tax Liens—January 2009


Gray v. Four Oak Court Association, Inc., 580 F. Supp. 2d 883 (Dist. of Minn. 2008)—Foreclosure Does Not Violate Fair Debt Collection Practices Act—June 2009

Mahoney v. Loma Alta Property Owners Association, Inc., No. 2060750, Ala. App. Ct., Aug. 22, 2008—Without Express Contract, Association Cannot Collect Fees From Resident—March 2009

McKenna v. Camino Real Village Association, No. 4D07-4331, Fla. App. Ct., April 8, 2009—Courts May Not Run Afoul of Rules of Civil Procedure in Granting Possession—September 2009

Miller v. Dogwood Valley Citizens Association, Inc., C.A. No. 3:06cv00020, U.S. Dist. Ct., Western Dist. Va., Aug. 28, 2008—Attempts to Collect Delinquent Assessments Do Not Violate Racketeering Act—January 2009

Oronoque Shores Condominium Association No. 1, Inc. v. Smulley, 114 Conn. App. 233, 968 A.2d 996 (2009)—Incorrect Apportionment of Assessments Does Not Render Them Invalid—November 2009

Popponesset Beach Association, Inc. v. Duffy, 74 Mass. App. Ct. 1119; 907 N.E.2d 1161 (2009)—Homeowners Not Liable for Assessments That Exceed Maximum Amount Stated in Deed Restrictions—December 2009

Sapphire Beach Resort and Marina Condominium Association v. Pacheco-Bonanno, No. 2002-50, U.S. Dist. Ct., Dist. of Virgin Islands, Aug. 22, 2008—Defendant Cannot Be Denied Access to Security Deposited with Court—February 2009

The Meadows Condominium Association, Inc. v. Redman, No. MMXCV075001923S, Conn. Super. Ct., July 30, 2009—Condominium Owner Who Sued Association Without Probable Cause Liable for Damages—December 2009

Willow Bend Homeowners Association, Inc. v. Robinson, 665 S.E.2d 570 (N.C. App. 2008)—Declaration Must Contain an Ascertainable Standard for Levying Assessments—February 2009

[ return to top ]

Association Operations

Barker v. Lake Camelot Property Owner's Association, Inc., No. 2007AP2007, Wisc. App. Ct., April 23, 2008—Lien for Assessments Invalid Because Covenants Had Expired—April 2009


Calemine v. Jared Court Homeowners Association, Inc., No. B200299, Cal. App. Ct., Feb. 17, 2009—Association Does Not Have to Repair Water Damage to Condominium Units—July 2009

Costa Del Sol Association, Inc. v. State of Florida, 987 So. 2d 734 (Fla. Dist. Ct. App. 2008)—Association Has No Duty to Insure Personal Property Located Outside Unit—March 2009

Davis v. Dyson, 387 Ill. App. 3d 676 (2008)—Owners May Bring Derivative Lawsuit Against Board for Breach of Fiduciary Duty—October 2009

Divis v. Woods Edge Homeowners' Association, 385 Ill. App. 3d 636, 897 N.E.2d 375 (Ill. App. 2008)—Public Policy Provides Immunity to Associations and their Agents—April 2009

Glenwright v. St. James Place Condominium Association, 197 P.3d 264 (Colo. App. 2008)—Financial Records Must Be Available for Units Owners to Review—January 2009

Lake Forest Master Community Assn, Inc. v. Orlando Lake Forest Joint Venture, No. 5D08-2096, Fla. App. Ct., April 3, 2009—Written Notice of Reconvened Annual Meeting Not Required for Vote to Commence Litigation—September 2009

Miller v. Dogwood Valley Citizens Association, Inc., C.A. No. 3:06cv00020, U.S. Dist. Ct., Western Dist. Va., Aug. 28, 2008—Attempts to Collect Delinquent Assessments Do Not Violate Racketeering Act—January 2009

Prairie West Condominium. Association, Inc. v. Wiseman, No. 99,305, Kan. App. Ct., March 13, 2009—Doctrine of Adverse Domination Not Applicable to Condominium Association Board—November 2009

Stross v. The Gables Condominium Association, No. C09-830JLR, U.S. Dist. Ct., Western Dist. Wash., June 18, 2009—Failure to Provide Keys for Medical Helpers Violates Fair Housing Act—October 2009

West American Insurance Company v. Red Cricket Condominium Association, No. CV 07-37-N-EJL, U.S. Dist. Ct., Dist. of Idaho, July 29, 2008—Association's Insurance Does Not Cover Mudslide—April 2009

Whispering Ridge Homeowners Association v. Chaudry, Nos. D050631, D052506, Cal. App. Ct., April 20, 2009—Court's Waiver Order Does Not Bar Association from Collecting Judgments—September 2009

[ return to top ]

Attorney Fees

Jones Ranch Homeowners Association v. Degnan, Nos. A118584, A119884, Cal. App. Ct., Nov. 25, 2008—Courts Need Justiciable Controversy to Interpret Covenants and Award Fees to Prevailing Party—June 2009


Kenny v. Rich, 186 P.3d 989 (Utah App. 2008)—Homeowner Cannot Construct Addition that Violates Setback Restriction—March 2009

Mountain High Homeowners Association, Inc. v. Jewett, 224 Ore. App. 45, 197 P.3d 27 (2008)—Award of Reasonable Attorney Fees Approved—April 2009

Oronoque Shores Condominium Association No. 1, Inc. v. Smulley, 114 Conn. App. 233, 968 A.2d 996 (2009)—Incorrect Apportionment of Assessments Does Not Render Them Invalid—November 2009

Palacio Del Mar Homeowners Association, Inc. v. McMahon, No. G039731, Cal. App. Ct., Dec. 1, 2008—Compensatory Damages Awarded to Association Cannot Include Attorney Fees—July 2009

[ return to top ]

Contracts

Anchor Point Condominium Owner's Association v. Fish Tale Properties, LLC, No. 2007AP2378, Wisc. App. Ct., July 3, 2008—Restaurant Does Not Have Right to Use Association's Pier and Boat Slips—March 2009


Barker v. Lake Camelot Property Owner's Association, Inc., No. 2007AP2007, Wisc. App. Ct., April 23, 2008—Lien for Assessments Invalid Because Covenants Had Expired—April 2009

Holter Lakeshores Homeowners Association, Inc. v. Thurston, 350 Mont. 362; 207 P.3d 334 (Mont. Supr. Ct. 2009)—Easements Must Be Specific to Be Enforced—November 2009

Klein v. Meza, 4 So. 3d 51 (Fla. Dist. Ct. App. 2009)—Possession Under An Executory Contract Is Not Adverse—September 2009

Lofts at the Round Condominium Association v. Ware Malcomb, Inc., No. 09-166-HA, U.S. Dist. Ct., S. Dist. Ore., June 18, 2009—Failure to Show Association as Intended Beneficiary Excludes it from Related Attorney’s Fees—November 2009

Martin v. Bridgeport Community Association, Inc., 173 Cal. App. 4th 1024, 93 Cal. Rptr. 3d 405 (2009)—Association Awarded Attorney's Fees and Costs in Action Arising From Lot Line Dispute—October 2009

Philadelphia Indemnity Insurance Company v. Yachtsman's Inn Condo Association, Inc, 595 F. Supp. 2d 1319 (S. Dist. Fla. 2009)—Exclusion Clause Gives Insurer Right to Deny Association Coverage—September 2009

RBS Citizens, N.A. v. Erie Insurance Exchange, No. 1:07 CV 3634, U.S.D.C., N. Dist. Ohio., Jan. 30, 2009—Mortgagor Is Entitled to Insurance Proceeds Payable to Owner of Flooded Unit—July 2009

Reno v. Bethel Village Condominium Association, Inc., No. 08AP-10, Ohio App. Ct., Sept. 4, 2008—Mandatory Arbitration Clause Not Substantively Unconscionable—March 2009

[ return to top ]

Covenants Enforcement

Barker v. Lake Camelot Property Owner's Association, Inc., No. 2007AP2007, Wisc. App. Ct., April 23, 2008—Lien for Assessments Invalid Because Covenants Had Expired—April 2009


Baumann v. Long Cove Club Owners Association, Inc., 380 S.C. 131, 668 S.E. 2d 420 (2008)—Majority Vote on Referendum Constitutes Approval of Capital Expenditures—July 2009

Berkos v. Shipwreck Bay Condominium Association, 758 N.W.2d 215 (Wisc. App. 2008)—Declaration Provisions Don’t Override Legislative Intent, Statutory Law—August 2009

Concerned Neighbors of Lotus Lake Estates, Inc. v. Lotus Lake Estates Homeowners Association, No. 2007AP1510, Wisc. App. Ct., Oct. 15, 2008—Fines and Assessments Not Authorized By Covenants Cannot Be Imposed—December 2009

Cordova the Town Homeowners Association, Inc. v. Gill Development Company, Inc., No. W207-01692-COA-R3-CV, Tenn. App. Ct., Sept. 12, 2008—All Provisions of a Declaration Must be Considered—January 2009

Dwan v. Indian Springs Ranch Homeowners Association, Inc., 186 P.3d 1199 (Wyo. 2008)—Board Cannot Deny Approval of Plans Similar to Those Previously Approved—February 2009

Eden Isles Condominium Association, Inc. v. Department of Business and Professional Regulations, Division of Florida Land Sales, No. 3D07-2022, Jan. 14, 2009—Interpretation, Enforcement of Declaration Reserved Solely for Courts—August 2009

Falkner v. Colony Woods Homes Association, 40 Kan. App. 2d 349, 198 P.3d 152 (2008)—Association Cannot Enforce Roofing Material Restriction after Project Complete—July 2009

Farrell v. Ashcombe Dover Homeowners Association, No. 1:07-CV-2324, U.S. Dist. Ct., Middle Dist. Pa., March 26, 2009—Enforcement of Covenants Doesn’t Unlawfully Discriminate Against African American Owners—August 2009

Gabriel v. Canyon Haven Homeowners Association, No. D052178, Cal. App. Ct., Jan. 28, 2009—Owner Responsible for Balcony Repairs—July 2009

Gracewood at North Hills Homeowners Association, Inc. v. Mansoor, No. 10104/07, N.Y. Supr. Ct., March 18, 2008—Homeowner Must Repaint House—April 2009

Gray v. McCormick, 167 Cal. App. 4th 1019, 84 Cal. Rptr. 3d 777 (2008)—Lot Owners Do Not Have Access to Easement Across Their Lot—March 2009

Hawn v. Shoreline Towers Phase I Condominium Association, Inc., No. 3:07-ev-97/RV/EMT, U.S. Dist. Ct. of Fla., March 12, 2009—No-Pet Policy Does Not Violate State or Federal Fair Housing Acts—September 2009

Indian Springs Owners Association v. Greeves, 277 S.W.3d 793 (Mo. App. Ct. 2009)—Trustees Have Standing to Sue to Enforce Subdivision Covenants—October 2009

Jones Ranch Homeowners Association v. Degnan, Nos. A118584, A119884, Cal. App. Ct., Nov. 25, 2008—Courts Need Justiciable Controversy to Interpret Covenants and Award Fees to Prevailing Party—June 2009

Kenny v. Rich, 186 P.3d 989 (Utah App. 2008)—Homeowner Cannot Construct Addition that Violates Setback Restriction—March 2009

Kirschner v. Baldwin, 988 So. 2d 1138 (Fla. Dist. Ct. App. 2008)—Association Member Has Right to Enforce Restrictive Covenants—January 2009

Lawhon v. Winding Ridge Homeowners Association, Inc., C.A. No. 3654-VCN, Del. Ch. Court, Dec. 31, 2008—Modular Home Cannot be Placed on Lot Without Association Approval—April 2009

Levy et al. v. Foxwood H. Condominium Association, Inc., 2009 Conn. Super. LEXIS 115, Jan. 15, 2009—Retroactive Owner Approval Can Be Sufficient to Declaration Requirements—August 2009

Martin v. Bridgeport Community Association, Inc., 173 Cal. App. 4th 1024, 93 Cal. Rptr. 3d 405 (2009)—Association Awarded Attorney's Fees and Costs in Action Arising From Lot Line Dispute—October 2009

Nimmer v. Hidden Ridge Resort Condominiums Association, 760 N.W.2d 184 (2008)—Owner Must Comply with Association's Off-Season Occupancy Rule—December 2009

Popponesset Beach Association, Inc. v. Duffy, 74 Mass. App. Ct. 1119; 907 N.E.2d 1161 (2009)—Homeowners Not Liable for Assessments That Exceed Maximum Amount Stated in Deed Restrictions—December 2009

Regency Homes Association v. Schrier, No. No. S-07-903, Neb. Supr. Ct., Jan. 23, 2009—Covenants May Be Amended By Fewer Than Majority Vote in Accordance with Bylaws—December 2009

Reno v. Bethel Village Condominium Association, Inc., No. 08AP-10, Ohio App. Ct., Sept. 4, 2008—Mandatory Arbitration Clause Not Substantively Unconscionable—March 2009

Santa Fe Ridge Homeowners' Association v. Bartschi, 199 P.3d 646 (Ariz. App. 2008)—Lawsuit to Enforce Covenants Does Not Entitle Association to File Lis Pendens—August 2009

Schwartz v. Banbury Woods Homeowners Association, Inc., 675 S.E.2d 382 (2009)—Motor Home Must Be Parked in Garage or Screened Area Approved by Architectural Committee—December 2009

Sherwood Lake Association, Inc. v. DeAngelo, No. 2008 CA 0695, La. App. Ct., 1st Circuit, Sept. 12, 2008—Decision to Use Garage as a Den Does Not Violate Use Restriction—January 2009

Stamford Landing Condominium Association, Inc. v. Lerman, 109 Conn. App. 261, 951 A.2d 642 (2008)—Condominium Association Has Right to Ban Dogs—May 2009

Skyline Woods Homeowners Association, Inc. v. Broekemeier, 276 Neb. 792, 758 N.W.2d 376 (2008)—Golf Course Subject to Implied Restrictive Covenants—June 2009

The Meadows Condominium Association, Inc. v. Redman, No. MMXCV075001923S, Conn. Super. Ct., July 30, 2009—Condominium Owner Who Sued Association Without Probable Cause Liable for Damages—December 2009

The Montgomery Towne Homeowners' Association, Inc. v. Greene, No. C-070568, Ohio App. Ct., Dec. 31. 2008—Owners Must Remove Non-Compliant Basement Windows—July 2009

Villas West II of Willowridge Homeowners Association, Inc. v.  McGlothin, No. 34S02-0805-CV-266, Ind. Supr. Ct., May 15, 2008—No-Lease Restriction Violates Fair Housing Act—April 2009

Walker v. 90 Fairlie Condominium Association, Inc., 290 Ga. App. 171, 659 S.E.2d 412 (2008)—Declarant Cannot Unilaterally Amend Declaration after Divesting Interest—May 2009

Webster v. Ocean Reef Community Association, Inc., 994 So. 2d 367 (Fla. Dist. Ct. App. 2008)—Transfer of Home not Subject to Association Approval—January 2009

[ return to top ]

Developer Liability

Gibson v. Ussery, No. COA08-1002, N.C. App. Ct., April 7, 2009—A Third Party Must Demonstrate Proximate Cause to Establish Developer Negligence—August 2009


Lofts at the Round Condominium Association v. Ware Malcomb, Inc., No. 09-166-HA, U.S. Dist. Ct., S. Dist. Ore., June 18, 2009—Failure to Show Association as Intended Beneficiary Excludes it from Related Attorney’s Fees—November 2009

Luria v. Board of Directors of Westbriar Condominium Unit Owners Association, No. 080515, Va. Supr. Ct., Feb. 27, 2009—Association Not Creditor of Declarant at Time of Illegal Transfer of Funds—September 2009

Smith v. Executive Custom Homes, Inc., No. 08CA0426, Colo. App. Ct., Feb. 5, 2009—Statute of Limitations Tolled In Homeowners' Personal Injury Claim—June 2009

The Hamlet Property Owners Assoc. v. Keuler, 924 A.2d 701 (Pa. Super. Ct. 2007)—Receiver Terminated, Common Area Conveyed to Association without Developer Liens—August 2009

Westlake View Condominium Association v. Sixth Avenue View Partners, LLC, No. 60167-9-I, Wash. App. Ct., Aug. 11, 2008—Caveat Emptor Does Not Apply to Sale of New Residences—May 2009

[ return to top ]

Developmental Rights

Holter Lakeshores Homeowners Association, Inc. v. Thurston, 350 Mont. 362; 207 P.3d 334 (Mont. Supr. Ct. 2009)—Easements Must Be Specific to Be Enforced—November 2009


Solowicz v. Forward Geneva Trust, No. 2008AP10, Wisc. App. Ct., Dec. 23, 2008—Master-Planned Community Not Subject to Wisconsin Condominium Act—July 2009

Walker v. 90 Fairlie Condominium Association, Inc., 290 Ga. App. 171, 659 S.E.2d 412 (2008)—Declarant Cannot Unilaterally Amend Declaration after Divesting Interest—May 2009

[ return to top ]

Documents

Reno v. Bethel Village Condominium Association, Inc., No. 08AP-10, Ohio App. Ct., Sept. 4, 2008—Mandatory Arbitration Clause Not Substantively Unconscionable—March 2009


[ return to top ]

Federal Law and Legislation

Auto-Owners Insurance Company v. Hickory Springs Estates Homeowners Association, Inc., No. 5:08-CV-049, U.S. Dist. Ct., Middle Dist. Ga., June 11, 2009—Declaratory Judgment Action Dismissed After Underlying Suit Dropped—October 2009


Bloch v. Shoreline Towers Condominium, 533 F.3d 562 (7th. Cir. 2008)—Fair Housing Act Does Not Protect Religious Icons Placed on Unit Owners' Doors—February 2009

Chesler v. Conroy, No. 08 C 2679, U.S.D.C., N. Dist. Il., Oct. 28, 2008Homeowners Fail to State a Claim for Discrimination, Creating a Hostile Environment—February 2009

Farrell v. Ashcombe Dover Homeowners Association, No. 1:07-CV-2324, U.S. Dist. Ct., Middle Dist. Pa., March 26, 2009—Enforcement of Covenants Doesn’t Unlawfully Discriminate Against African American Owners—August 2009

Gray v. Four Oak Court Association, Inc., 580 F. Supp. 2d 883 (Dist. of Minn. 2008)—Foreclosure Does Not Violate Fair Debt Collection Practices Act—June 2009

Hawn v. Shoreline Towers Phase I Condominium Association, Inc., No. 3:07-ev-97/RV/EMT, U.S. Dist. Ct. of Fla., March 12, 2009—No-Pet Policy Does Not Violate State or Federal Fair Housing Acts—September 2009

In re Polly, No. 08-15663-SSM, U.S. Dist. Ct., E. Dist. Va., Nov. 14, 2008—Association's Motion for Relief from Automatic Bankruptcy Stay Denied—October 2009

Miller v. Dogwood Valley Citizens Association, Inc., C.A. No. 3:06cv00020, U.S. Dist. Ct., Western Dist. Va., Aug. 28, 2008—Attempts to Collect Delinquent Assessments Do Not Violate Racketeering Act—January 2009

National Cable & Telecommunications Association v. Federal Communications Commission, No. 08-1016, 08-1017, U.S. App. Ct., Columbia Circuit, May 26, 2009—Exclusivity Agreements between Cable Companies, Multi-Unit Developments Banned—September 2009

Smugglers Notch Homeowners' Association, Inc. v. Smugglers' Notch Management Company, Ltd., No. 1:08-CV-186, U.S. Dist. Ct. of Vt., May 29, 2009—Association's Contract to Purchase Management Services Precludes Antitrust Claim—November 2009

Stross v. The Gables Condominium Association, No. C09-830JLR, U.S. Dist. Ct., Western Dist. Wash., June 18, 2009—Failure to Provide Keys for Medical Helpers Violates Fair Housing Act—October 2009

Villas West II of Willowridge Homeowners Association, Inc. v.  McGlothin, No. 34S02-0805-CV-266, Ind. Supr. Ct., May 15, 2008—No-Lease Restriction Violates Fair Housing Act—April 2009

[ return to top ]

Miscellaneous/Miscellaneous Association Problems

Irish Beach Clusterhomes Association Board of Governors v. Farrell, Nos. A120147/A12049, Cal. App. Ct., Jan. 21, 2009—Judgment Void Because Association Does Not Have Legal Standing—June 2009


McIntyre v. Jones, 194 P.3d 519 (Colo. App. 2008)—Letter to Association Members Disparaging Bookkeeper is Defamatory—April 2009

Whispering Ridge Homeowners Association v. Chaudry, Nos. D050631, D052506, Cal. App. Ct., April 20, 2009—Court's Waiver Order Does Not Bar Association from Collecting Judgments—September 2009

Wintergreen Homeowners Association, Inc., v. Kings Grant Maintenance Association, Inc., No. A-4471-07T1, N.J. Sup. Ct., June 16, 2009—Action to Recover Monies Improperly Collected by Master Association Must Comply with Consent Settlement Order—December 2009

[ return to top ]

Powers of the Association

Calemine v. Jared Court Homeowners Association, Inc., No. B200299, Cal. App. Ct., Feb. 17, 2009—Association Does Not Have to Repair Water Damage to Condominium Units—July 2009


Concerned Neighbors of Lotus Lake Estates, Inc. v. Lotus Lake Estates Homeowners Association, No. 2007AP1510, Wisc. App. Ct., Oct. 15, 2008—Fines and Assessments Not Authorized By Covenants Cannot Be Imposed—December 2009

Demuth v. Maryknoll, LLC, No. A07-2376, Minn. App. Ct., Dec. 9, 2008—Foreclosure Meets Notice Requirements; Low Price Won’t Invalidate Sale—June 2009

Gabriel v. Canyon Haven Homeowners Association, No. D052178, Cal. App. Ct., Jan. 28, 2009—Owner Responsible for Balcony Repairs—July 2009

Kaung v. Board of Managers of the Biltmore Towers Condo Association, No. 6653/08, Sup. Ct. N.Y., Dec. 10, 2008—Cell Phone Tower Not Incidental to Residential Use—June 2009

Pacific Ranch Homeowners Association v. Murry, No. G039899, Calif. App. Ct., Dec. 12, 2008—Association Decisions Must be Reasonable and Use Good Faith—June 2009

Stross v. The Gables Condominium Association, No. C09-830JLR, U.S. Dist. Ct., Western Dist. Wash., June 18, 2009—Failure to Provide Keys for Medical Helpers Violates Fair Housing Act—October 2009

Wintergreen Homeowners Association, Inc., v. Kings Grant Maintenance Association, Inc., No. A-4471-07T1, N.J. Sup. Ct., June 16, 2009—Action to Recover Monies Improperly Collected by Master Association Must Comply with Consent Settlement Order—December 2009

[ return to top ]

Risks and Liabilities

Craig v. Sandy Creek Condominium Association, Inc., No. COA08-1048, N.C. App. Ct., June 16, 2009—Fire Damage to Condominium Unit Covered By Casualty Insurance Policy—December 2009


Davis v. Dyson, 387 Ill. App. 3d 676 (2008)—Owners May Bring Derivative Lawsuit Against Board for Breach of Fiduciary Duty—October 2009

Kim v. Weston, No. B201424, Cal. App. Ct., Dec. 18, 2008—Refusing to Fumigate Inflicts Damages on Adjacent Owner—May 2009

Luria v. Board of Directors of Westbriar Condominium Unit Owners Association, No. 080515, Va. Supr. Ct., Feb. 27, 2009—Association Not Creditor of Declarant at Time of Illegal Transfer of Funds—September 2009

McAleb v. McFarland, 996 So. 2d 629 (La. App. 2008)—Association Not Liable for Damage Caused by Owners' Defective Water Heater—May 2009

Prairie West Condominium. Association, Inc. v. Wiseman, No. 99,305, Kan. App. Ct., March 13, 2009—Doctrine of Adverse Domination Not Applicable to Condominium Association Board—November 2009

State Farm Fire and Casualty Company v. Weiss, 194 P.3d 1063 (Colo. App. 2008)—Insurer May Not Step into Association's Shoes in Professional Negligence Claim—February 2009

[ return to top ]

State and Local Legislation and Regulations

Aberdeen Property Owners Association, Inc. v. Bristol Lakes Homeowners Association, Inc., No. 4D08-4467, Fla. App. Ct., April 22, 2009—Fear of Judge's Personal Bias Legally Sufficient for Trial Disqualification—October 2009


Ariz v. Beverly Glen Park Homeowner's Association, Inc, No. B205934, Cal. App. Ct., April 22, 2009—Special Meeting Notice Does Not Constitute Republication of Defamatory Statements—October 2009

Carr v. Old Port Cove Property Owners Association, Inc., 8 So. 3d 403 (Fla. Dist. Ct. App. 2009)—Declaratory Statements Limited to Issues Raised by Individuals in a Particular Set of Facts—November 2009

Denhardt v. 7 Bay Traders LLC, 673 S.E.2d 621 (2009)—Georgia Condominium Act Not Applicable to Associations Established Before Law Enacted—August 2009

Department of Transportation v. Fernwood Hill Townhome Homeowners' Association, Inc., 185 N.C. App. 633 (2007)—State Department of Transportation Must Consider All Owners and Property in Condemnation Action—March 2009

Divis v. Woods Edge Homeowners' Association, 385 Ill. App. 3d 636, 897 N.E.2d 375 (Ill. App. 2008)—Public Policy Provides Immunity to Associations and their Agents—April 2009

Glenwright v. St. James Place Condominium Association, 197 P.3d 264 (Colo. App. 2008)—Financial Records Must Be Available for Units Owners to Review—January 2009

Homayun v. Portobello Residential Owners Association, Nos. A116929, A117835, Cal. App. Ct., July 30, 2008—Statements by Association, Residents Protected Under Anti-SLAPP Statute—February 2009

Irish Beach Clusterhomes Association Board of Governors v. Farrell, Nos. A120147/A12049, Cal. App. Ct., Jan. 21, 2009—Judgment Void Because Association Does Not Have Legal Standing—June 2009

Lake Forest Master Community Assn, Inc. v. Orlando Lake Forest Joint Venture, No. 5D08-2096, Fla. App. Ct., April 3, 2009—Written Notice of Reconvened Annual Meeting Not Required for Vote to Commence Litigation—September 2009

Magician Lake Homeowners Association, Inc. v. Keeler Township Board of Trustees, No. 278469, Mich. App. Ct., July 31, 2008—Township Ordinance Related to Mooring Boats Has Priority over Plat Dedication—February 2009

McKenna v. Camino Real Village Association, No. 4D07-4331, Fla. App. Ct., April 8, 2009—Courts May Not Run Afoul of Rules of Civil Procedure in Granting Possession—September 2009

Monopoli v. Ocean Spray Condominium Unit Association, No. 104862, Mass. Super. Ct., Sept. 15, 2008—Unit Owner Has No Basis to File Discrimination Action—May 2009

Osman v. Cyprus Shore Community Association, No. G041174, Ca. App. Ct., June 22, 2009—Lawsuit for Malicious Prosecution Must Establish That a Prior Action Was Terminated in Plaintiff's Favor—November 2009

PMG Land Associates v. Harbour Landing Condo. Association, CV0850174797S, Conn. Superior Ct., May 28, 2009—Motion to Dismiss Granted; New Action Not Filed Within One Year of Prior Case—November 2009

[ return to top ]

Taxes and Tax Regulation

Black v. Municipality of Anchorage, Board of Equalization, 187 P.3d 109 (Alaska 2008)—Owner Can be Assessed City Property Tax on Limited Common Element—January 2009


[ return to top ]

Use Restrictions

Ekstrom v. Marquesa at Monarch Beach Homeowners Association, 168 Cal. App. 4th 1111, 86 Cal. Rptr. 3d 145 (2008)—Association Cannot Exempt Palm Trees from Tree Height and View Restriction—May 2009


Hawn v. Shoreline Towers Phase I Condominium Association, Inc., No. 3:07-ev-97/RV/EMT, U.S. Dist. Ct. of Fla., March 12, 2009—No-Pet Policy Does Not Violate State or Federal Fair Housing Acts—September 2009

Holter Lakeshores Homeowners Association, Inc. v. Thurston, 350 Mont. 362; 207 P.3d 334 (Mont. Supr. Ct. 2009)—Easements Must Be Specific to Be Enforced—November 2009

Nimmer v. Hidden Ridge Resort Condominiums Association, 760 N.W.2d 184 (2008)—Owner Must Comply with Association's Off-Season Occupancy Rule—December 2009

Skyline Woods Homeowners Association, Inc. v. Broekemeier, 276 Neb. 792, 758 N.W.2d 376 (2008)—Golf Course Subject to Implied Restrictive Covenants—June 2009

[ return to top ]

Warranties

Luria v. Board of Directors of Westbriar Condominium Unit Owners Association, No. 080515, Va. Supr. Ct., Feb. 27, 2009—Association Not Creditor of Declarant at Time of Illegal Transfer of Funds—September 2009


©2009 Community Associations Institute. All rights reserved. Reproduction and redistribution prohibited.

[ return to top ]

 

225 Reinekers Lane, Suite 300, Alexandria, VA 22314    (888) 224-4321
This e-mail was sent to promote CAI products, services, or events.
For more information or to contact us directly, please visit www.caionline.org.
Update your email address.