2010 Index
In This Issue:
2010 Index
Architectural Control
Assessments
Association Operations
Attorney Fees
Contracts
Covenants Enforcement
Developer Liability
Developer Rights
Documents
Federal Law and Legislation
Miscellaneous
Miscellaneous Association Operations
Miscellaneous Association Problems
Municipal Relations
Powers of the Association
Risk and Liability
Sale and Lease Restrictions
State and Federal Law and Legislation
State and Local Legislation and Regulations
Use Restrictions
Warranties
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2010 Index

Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2010 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 Jennifer Brown.

Architectural Control

Alga Hills Homeowners Association v. Gallagher, No. D055534, Cal. App. Ct., July 28, 2010—Percentage of Required Votes Can Be Reduced—November 2010


Chapala Management Corporation v. Stanton, No. D055532, Cal. App. Ct., July 29, 2010—Enforcement of Monetary Judgment Stayed Pending Outcome of Appeal—September 2010

Clear Lake Riviera Community Association v. Cramer, 182 Cal. App. 4th 459 (2010)—Architectural Guidelines Still Valid Despite Absence of Written Records—May 2010

Discovery Bay Property Owners Association, Inc., v. Di Fate, No. A127505, Cal. App. Ct., Aug. 4, 2010—County’s Sidewalk, Curb Not Subject to ARC Enforcement—November 2010

Dwan v. Indian Springs Ranch Homeowners Association, Inc., No. S-09-0064, Wyo. Supr. Ct., June 3, 2010—Homeowner Who Sued Association Cannot Recover Litigation Costs—August 2010

Farran v. Olde Belhaven Towne Owners Association, No. CL-2009-11786, Va. Cir. Ct., July 8, 2010—Fines to Enforce Restrictions OK If in Governing Docs—December 2010

Grove Hill Homeowners' Association, Inc. v. Rice, No. 2081093, Ala. App. Ct., Feb. 5, 2010—Tar and Gravel Driveway Violates Restrictive Covenants—April 2010

Hawk's Landing Homeowners Association, Inc. v. Williams, No. 2009AP701, Wisc. App. Ct., June 24, 2010—Floodlight Violates Restrictive Covenants—October 2010

Hollywood Towers Condominium Association, Inc. v. Hampton, No. 4D09-383, Fla. App. Ct., June 23, 2010—Association Has Authority to Access Unit—September 2010

Killearn Homes Association, Inc. v. Visconti Family Limited Partnership, No. 1D08-5681, Fla. Dist. Ct. App., Sept. 17, 2009Dispute over Ambiguous Language in Deed Restriction Precludes Summary Judgment—January 2010

Lake v. Woodcreek Homeowners Association, No. 81873-8, Wash. Supr. Ct., April 15, 2010—Addition to Unit Does Not Violate Condominium Statutes—June 2010

LePiere v. Coronado Gardens Homeowners Association, No. E046249, Cal. App. Ct., Dec. 29, 2009—Association Did Not Violate Covenants by Rejecting Application to Approve Mobile Home—March 2010

Millpointe of Hartland Condominium Association v. Cipolla, No. 289668, Mich. App. Ct., May 11, 2010—Placement of Swimming Pool Violates Restrictive Covenant—July 2010

Morton v. Paradise Cove Property Owners Association, Inc., No. 11-08-00022-CV, Tex. App. Ct., Sept. 3, 2009Attic Lofts Do Not Violate Restriction Against Two-Story Dwellings—February 2010

Renezeder v. Emerald Bay Community Association, Nos. G040657, G041353, Cal. App. Ct., Feb. 8, 2010—Declaration Does Not Prohibit Subdivision of Lots—May 2010

Service Corporation of Westover Hills v. Guzzetta, C.A. No. 2922-VCP, Del. Ch. Court, Dec. 22, 2009—Architectural Review Committee Does Not Have Authority to Disapprove Demolition—March 2010

Walker v. Sandy Pointe Homeowners Association, Inc., No. 2010-UP-354, S.C. App. Ct., June 12, 2010—ARC Can Reject House Plans Based on Location on Lot—November 2010

Willow Lake Residential Association, Inc. v. Juliano, No. 2081099, Ala. App. Ct., Aug. 27, 2010—Steps Constructed on Common Area Violate Covenants—December 2010

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Assessments

Board of Directors of Hunt Club at Coram Homeowners Association v. Hebb, No. 2009-01264, N.Y. Supr. Ct., April 27, 2010—Lien Notice Verification Requirement Applies to Condominiums, But Not Homeowners Associations—June 2010


Carniello v. Second Horizons Condominium Association, Inc., No. 3D08-1326, Fla. App. Ct., April 7, 2010—Association Cannot Impose a Lien on Property That Burdens Purchaser with Expenses Incurred by the Former Owner—June 2010

Duclos v. Marina Pacifica Homeowners Association, Inc., Nos. B213053, B214116, Cal. App. Ct., March 25, 2010—Association Cannot Encumber Condominium without Approval of Unit Owners—May 2010

Hazelwood Association, Inc. v. Helfrich, No. 09 CA 0119, Ohio App. Ct., June 16, 2010—Owner Responsible for Late Fees, Interest on Unpaid Assessments Mailed to Wrong Address—October 2010

Monmouth Meadows Homeowners Association v. Hamilton, 408 Md. 487, 970 A.2d 892 (2009)—Reasonableness Basis Determines Attorneys’ Fees—November 2010

Pew v. One Buckhead Loop Condominium Association, Inc., No. A10A0569, Ga. App. Ct., July 12, 2010—Association Entitled to Recover Unpaid Assessments—October 2010

The Board of Managers of Lido Beach Towers Condominium v. Gartenlaub, No. 015217/09, N.Y. Supr. Ct., April 8, 2010—Owner Must Pay Assessments If Board Acts within Scope of Business Judgment Rule—June 2010

Twin Oaks Condominium Association, Inc. v. Jones, No. HHDCV044004140, Conn. Super. Ct., Jan. 22, 2010—Association Must Pay Owner Damages for Failure to Maintain Common Areas—May 2010

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Association Operations

Bailey v. Stonecrest Condominium Association, Inc., No. A10A0579, Ga. App. Ct., June 18, 2010—No-Leasing Restriction May Violate Georgia Fair Housing Act—September 2010


Herres v. Millwood Homeowners Association, Inc., No. 23552, Ohio App. Ct., July 30, 2010—No Merit to Suit to Collect Payment—November 2010

In re Maison Grande Condominium Association, Inc., No. 09-21589-LMI, U.S. Dist. Ct., S. Dist. Fla., Jan. 13, 2010—Rejection of Unexpired Lease An Acceptable Option for Bankrupt Condominium Association—April 2010

Madura v. Lakebridge Condominium Association, Inc., No. 09-11636, U.S. App. Ct., 11th Cir., June 14, 2010—Association Not a Debt Collector Subject to the Fair Debt Collection Practices Act—August 2010

Mill Harbour Condominium Owner's Association v. Marshall, No. 2008-0085, Virgin Islands Supr. Ct., May 6, 2010—Association Does Not Have Duty to Maintain Security Cameras—July 2010

Moore v. The Club at Orlando Condominium Association, Inc, No. 6:09-cv-274-Orl-31KRS, U.S. Dist. Ct., M. Dist. Fla., Nov. 19, 2009Associations Must Comply with Laws that Prohibit Discrimination—February 2010

Palm v. 2800 Lake Shore Drive Condominium Association, No. 1-08-2436, Ill. App. Ct., May 28, 2010—Unit Owner Entitled to Inspect Association's Financial Records—August 2010

Port Village HOA, Inc. v. Summit Associates, SCR 60571/09-1, N.Y. Civ. Ct., April 21, 2010—Unincorporated Association Has No Standing to Sue for Past Due Assessments—October 2010

Tai v. Crown View Manor I Condominium Association, No. A-2196-08T3, N.J. Super. Ct., Jan. 10, 2010—Association's Records Access Policy Is Reasonable—March 2010

The Classic Courts Condominium Association v. Kozinski, No. 4047, Pa. Ct. Com. Pl., July 27, 2010—No Dismissal of Sheriff's Sale Used to Collect Unpaid Lien—December 2010

The Meadows Condominium Unit Owners Association v. Blakey, No. CA2009-09-247, Ohio App. Ct., June 1, 2010—Amendment Invalid If Passed by Combination of Votes During, After Meeting—August 2010

Twin Oaks Condominium Association, Inc. v. Jones, No. HHDCV044004140, Conn. Super. Ct., Jan. 22, 2010—Association Must Pay Owner Damages for Failure to Maintain Common Areas—May 2010

Villa Europa Homeowners Association v. The Superior Court of San Diego County, No. D056640, Cal. App. Ct., April 22, 2010—Stay of Board Member Recall Exceeds Court's Jurisdiction—June 2010

Virginia Common Interest Community Board v. Sarraga t/a Lakeside Community Management, File No. 2010-00562, June 24, 2010—Community Association Manager's License Revoked for Regulatory Violations—September 2010

Willow Lake Residential Association, Inc. v. Juliano, No. 2081099, Ala. App. Ct., Aug. 27, 2010—Steps Constructed on Common Area Violate Covenants—December 2010

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Attorney Fees

Acacia on the Green Condominium Association, Inc. v. Gottlieb, No. 92145, Ohio App. Ct., Sept. 17, 2009—Owner Must Obtain Association Permit to Perform Renovations to Unit—January 2010


Duclos v. Marina Pacifica Homeowners Association, Inc., Nos. B213053, B214116, Cal. App. Ct., March 25, 2010—Association Cannot Encumber Condominium without Approval of Unit Owners—May 2010

Lakeshore View Homeowners' Association v. Tu, No. A123298, Cal. App. Ct., Aug. 17, 2010—Failure to Ask for Jury Trial Found as Waiver of Right—December 2010

Levin & Stein v. Meadow Valley Condominium Owners Association, No. 62334-6-I, Wash. App. Ct., July 26, 2010—Counsel’s Breach Entitles Association to Fee Reduction—November 2010

Raines v. Boulder Village Townhomes Association, No. A09-1079, Minn. App. Ct., June 8, 2010—Association Did Not Abuse Discretion in Assessing Liens, Fines to Enforce Covenants—August 2010

Springside Condominium Association, Inc. v. The Harpagon Company, LLC, 679 S.E.2d 85 (2009)—Condominium Association Can Recover Appellate Attorney FeesJanuary 2010

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Contracts

Board of Managers of the Chelsea 19 Condominium v. Chelsea 19 Associates, Nos. 2851, 2851A, 105347/08, N.Y. Supr. Ct., April 27, 2010—Fraud Cannot Be Asserted Against Developer Based on Offering Plan Omissions—July 2010


Chancy v. Chancy Lake Homeowners Association, Inc., No. 2081154, Ala. App. Ct., May 28, 2010—Easement Cannot Be Terminated by Amendment to Declaration—July 2010

Eagle Ridge Estates Homeowners Association, Inc. v. Anderson, Nos. 25220, 25234, S.D. Supr. Ct., Jan. 6, 2010—Owners Not Required to Pay Assessments Unrelated to Road Maintenance—April 2010

Jones v. Forest Lake Village Homeowners Association, Inc., No. A10A0810, Ga. App. Ct., June 18, 2010—Homeowners Not Required to Use Private Water System—September 2010

Killearn Homes Association, Inc. v. Visconti Family Limited Partnership, No. 1D08-5681, Fla. Dist. Ct. App., Sept. 17, 2009Dispute over Ambiguous Language in Deed Restriction Precludes Summary Judgment—January 2010

Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, No. D055422, Cal. App. Ct., July 30, 2010—Mandatory Arbitration Clause Unenforceable, Unconscionable—September 2010

Satomi Owners Association v. Satomi, LLC, Nos. 80480-0, 80584-9, 81083-4, Wash. Supr. Ct., Dec. 24, 2009—Judicial Review Provision in Washington State's Condominium Act Preempted by Federal Arbitration Act—February 2010

Shehadeh v. Fountains at McLean Condominium Unit Owners Association, No. CL-2008-13077, Va. Cir. Ct., June 24, 2009—Parking Spaces Were Not Conveyed in Resale of a Foreclosed Condominium Unit—February 2010

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Covenants Enforcement

Acacia on the Green Condominium Association, Inc. v. Gottlieb, No. 92145, Ohio App. Ct., Sept. 17, 2009—Owner Must Obtain Association Permit to Perform Renovations to Unit—January 2010


Autumn Ridge Homeowners Association, Inc. v. Occhipinto, No. WD71122, Mo. App. Ct., June 8, 2010—Association Cannot Appeal Judgment Language If It Doesn’t Appeal Ruling—August 2010

Board of Directors of Hunt Club at Coram Homeowners Association v. Hebb, No. 2009-01264, N.Y. Supr. Ct., April 27, 2010—Lien Notice Verification Requirement Applies to Condominiums, But Not Homeowners Associations—June 2010

Bridgeport Community Association, Inc. v. Martin, No. B215166, Cal. App. Ct., March 4, 2010—Association Can Skip Dispute Resolution to Enforce Architectural Guidelines—May 2010

Chancy v. Chancy Lake Homeowners Association, Inc., No. 2081154, Ala. App. Ct., May 28, 2010—Easement Cannot Be Terminated by Amendment to Declaration—July 2010

Chapala Management Corporation v. Stanton, No. D055532, Cal. App. Ct., July 29, 2010—Enforcement of Monetary Judgment Stayed Pending Outcome of Appeal—September 2010

Clear Lake Riviera Community Association v. Cramer, 182 Cal. App. 4th 459 (2010)—Architectural Guidelines Still Valid Despite Absence of Written Records—May 2010

Discovery Bay Property Owners Association, Inc., v. Di Fate, No. A127505, Cal. App. Ct., Aug. 4, 2010—County’s Sidewalk, Curb Not Subject to ARC Enforcement—November 2010

Durso v. Summer Brook Preserve Homeowners Association, 641 F. Supp. 2d 1256 (2008)—Association That Levied Fines to Enforce Covenants Did Not Violate Federal Statutes—February 2010

Dwan v. Indian Springs Ranch Homeowners Association, Inc., No. S-09-0064, Wyo. Supr. Ct., June 3, 2010—Homeowner Who Sued Association Cannot Recover Litigation Costs—August 2010

Fallis v. River Mountain Ranch Property Owners Association, Inc., No. 04-09-00256-CV, Tex. App. Ct., July 7, 2010—Restrictive Covenants, Easements May Be Enforced by Successors-in-Title—October 2010

Farran v. Olde Belhaven Towne Owners Association, No. CL-2009-11786, Va. Cir. Ct., July 8, 2010—Fines to Enforce Restrictions OK If in Governing Docs—December 2010

Featherfoot Point Property Owners Association, Inc. v. Zwieg, No. W2008-02494-COA-R3-CV, Tenn. App. Ct., Aug. 29, 2009Trial Court Cannot Arbitrarily Dismiss Suit Before a Plaintiff Completes Its Proof—February 2010

Fridman v. Beach Crest Villas Homeowners Association, No. G042757, Cal. App. Ct., Aug. 4, 2010—Right to Appeal Waived Through Stipulation to Arbitrate—November 2010

Gray v. The Key Ranch at the Polo Club Home Owners Association, Inc., No. 03-09-00145-CV, Tex. App. Ct., Jan. 12, 2010—Developer Cannot Grant Access Easements over Association's Private Streets—April 2010

Grove Hill Homeowners' Association, Inc. v. Rice, No. 2081093, Ala. App. Ct., Feb. 5, 2010—Tar and Gravel Driveway Violates Restrictive Covenants—April 2010

Harrison v. Sierra Dawn Estates Homeowners' Association, Inc., No. E045862, Cal. App. Ct., June 23, 2010—Rental Restrictions Valid and Reasonable—September 2010

Hawk's Landing Homeowners Association, Inc. v. Williams, No. 2009AP701, Wisc. App. Ct., June 24, 2010—Floodlight Violates Restrictive Covenants—October 2010

Hawn v. Shoreline Towers Phase I Condominium Association, Inc., No. 09-11797, U.S. App. Ct., 11th Cir., Sept. 22, 2009—No Pet Policy Does Not Violate State or Federal Fair Housing Acts—May 2010

Hazelwood Association, Inc. v. Helfrich, No. 09 CA 0119, Ohio App. Ct., June 16, 2010—Owner Responsible for Late Fees, Interest on Unpaid Assessments Mailed to Wrong Address—October 2010

Highland Oaks Estates Homeowners Association, Inc. v. Estapa, No. 2010 CA 0146, La. App. Ct., June 11, 2010—Developer Does Not Have Voting Rights After Class B Membership Terminates—August 2010

Hollywood Towers Condominium Association, Inc. v. Hampton, No. 4D09-383, Fla. App. Ct., June 23, 2010—Association Has Authority to Access Unit—September 2010

Killearn Homes Association, Inc. v. Visconti Family Limited Partnership, No. 1D08-5681, Fla. Dist. Ct. App., Sept. 17, 2009Dispute over Ambiguous Language in Deed Restriction Precludes Summary Judgment —January 2010

LaCascata Homeowners Association, Inc. v. Riiff, No. A-2914-03T2, N.J. Super. Ct., Nov. 2, 2005Association May Exercise Its Right of First Refusal to Buy Auctioned PropertiesJanuary 2010

Lake v. Woodcreek Homeowners Association, No. 81873-8, Wash. Supr. Ct., April 15, 2010—Addition to Unit Does Not Violate Condominium Statutes—June 2010

LePiere v. Coronado Gardens Homeowners Association, No. E046249, Cal. App. Ct., Dec. 29, 2009—Association Did Not Violate Covenants by Rejecting Application to Approve Mobile Home—March 2010

Millpointe of Hartland Condominium Association v. Cipolla, No. 289668, Mich. App. Ct., May 11, 2010—Placement of Swimming Pool Violates Restrictive Covenant—July 2010

Morton v. Paradise Cove Property Owners Association, Inc., No. 11-08-00022-CV, Tex. App. Ct., Sept. 3, 2009Attic Lofts Do Not Violate Restriction Against Two-Story Dwellings—February 2010

Pew v. One Buckhead Loop Condominium Association, Inc., No. A10A0569, Ga. App. Ct., July 12, 2010—Association Entitled to Recover Unpaid Assessments—October 2010

Prescott Green Condominium Association v. Walker, C. A. No. 24948, Ohio App. Ct., June 9, 2010—Argument Not Raised at Trial Barred on Appeal—August 2010

Raines v. Boulder Village Townhomes Association, No. A09-1079, Minn. App. Ct., June 8, 2010—Association Did Not Abuse Discretion in Assessing Liens, Fines to Enforce Covenants—August 2010

Renezeder v. Emerald Bay Community Association, Nos. G040657, G041353, Cal. App. Ct., Feb. 8, 2010—Declaration Does Not Prohibit Subdivision of Lots—May 2010

Saguaro Highlands Community Association v. Biltis, 229 P.3d 1036 (2010)—Association Not Required to Arbitrate Before Filing Suit—July 2010

Schebel v. The Pine Creek Ridge Home Owners Association, No. 284177, Mich. App. Ct., Sept. 15, 2009Declaration Determines Riparian Rights of Landbound Lot Owners—January 2010

Service Corporation of Westover Hills v. Guzzetta, C.A. No. 2922-VCP, Del. Ch. Ct., Dec. 22, 2009—Architectural Review Committee Does Not Have Authority to Disapprove Demolition—March 2010

The Board of Managers of Lido Beach Towers Condominium v. Gartenlaub, No. 015217/09, N.Y. Supr. Ct., April 8, 2010—Owner Must Pay Assessments If Board Acts within Scope of Business Judgment Rule—June 2010

The Mansions of North Park Homeowners Association v. McCullough, No. AR 07-13593, Pa. Ct. Com. Pl., July 30, 2009—Court Refuses to Award Damages to Association for a Violation of Two-Pet Rule—March 2010

The Meadows Condominium Unit Owners Association v. Blakey, No. CA2009-09-247, Ohio App. Ct., June 1, 2010—Amendment Invalid If Passed by Combination of Votes During, After Meeting—August 2010

Twin Oaks Condominium Association, Inc. v. Jones, No. HHDCV044004140, Conn. Super. Ct., Jan. 22, 2010—Association Must Pay Owner Damages for Failure to Maintain Common Areas—May 2010

Walker v. Sandy Pointe Homeowners Association, Inc., No. 2010-UP-354, S.C. App. Ct., June 12, 2010—ARC Can Reject House Plans Based on Location on Lot—November 2010

Willow Lake Residential Association, Inc. v. Juliano, No. 2081099, Ala. App. Ct., Aug. 27, 2010—Steps Constructed on Common Area Violate Covenants—December 2010

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Developer Liability

Board of Managers of 374 Manhattan Avenue Condominium v. Harlem Infil LLC, No. 105826/08, N.Y. Supr. Ct., June 18, 2010—Enforcement of Consumer Protection Laws Rests Only with the Attorney General—October 2010


Board of Managers of the Chelsea 19 Condominium v. Chelsea 19 Associates, Nos. 2851, 2851A, 105347/08, N.Y. Supr. Ct., April 27, 2010—Fraud Cannot Be Asserted Against Developer Based on Offering Plan Omissions—July 2010

Levin & Stein v. Meadow Valley Condominium Owners Association, No. 62334-6-I, Wash. App., July 26, 2010—Counsel’s Breach Entitles Association to Fee Reduction—November 2010

O'Sullivan v. The Greens at Gateway Association, No. 290126, Mich. App. Ct., Aug. 12, 2010—Association Negligent for Failing to Repair Defect—December 2010

Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, No. D055422, Cal. App. Ct., July 30, 2010—Mandatory Arbitration Clause Unenforceable, Unconscionable—September 2010

Satomi Owners Association v. Satomi, LLC, Nos. 80480-0, 80584-9, 81083-4, Wash. Supr. Ct., Dec. 24, 2009—Judicial Review Provision in Washington State's Condominium Act Preempted by Federal Arbitration Act—February 2010

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Developer Rights

Burns v. Moorland Farm Condominium Association, No. NC-2007-0610, R.I. Super. Ct., Aug. 27, 2010—Decks Not Part of Condominium Common Area—December 2010


County of Los Angeles v. La Vina Homeowners Association, No. B210444, Cal. App. Ct., April 5, 2010—Association Cannot Bar Public's Access to Hiking and Equestrian Trails—June 2010

Fallis v. River Mountain Ranch Property Owners Association, Inc., No. 04-09-00256-CV, Tex. App. Ct., July 7, 2010—Restrictive Covenants, Easements May Be Enforced by Successors-in-Title—October 2010

Gineo v. Old Colony Beach Club Association, Inc., No. CV084008770, Conn. Super. Ct., July 7, 2010—Association Can't Charge Easement Holders Beach Fees—December 2010

Gray v. The Key Ranch at the Polo Club Home Owners Association, Inc., No. 03-09-00145-CV, Tex. App. Ct., Jan. 12, 2010—Developer Cannot Grant Access Easements over Association's Private Streets—April 2010

Highland Oaks Estates Homeowners Association, Inc. v. Estapa, No. 2010 CA 0146, La. App. Ct., 1st Cir., June 11, 2010—Developer Does Not Have Voting Rights After Class B Membership Terminates—August 2010

Lake v. Woodcreek Homeowners Association, No. 81873-8, Wash. Supr. Ct., April 15, 2010—Addition to Unit Does Not Violate Condominium Statutes—June 2010

Madowitz v. The Woods at Killington Owners' Association, No. 08-502, Vt. Supr. Ct., July 2, 2010—Ten-Year Limitation on Developer Rights Unenforceable—October 2010

Oak Lane Homeowners Association v. Griffin, No. 20080084-CA, Utah App. Ct., Sept. 11, 2009—Lot Owners May Use Private Road Maintained by Homeowners Association—February 2010

Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, No. D055422, Cal. App. Ct., July 30, 2010—Mandatory Arbitration Clause Unenforceable, Unconscionable—September 2010

Southwick at Milford Condominium Association, Inc. v. 523 Wheelers Farm Road, Milford, LLC, 294 Conn. 311, 984 A.2d 676 (2009)—Special Declarant Rights Did Not Lapse Because Successor Obligated to Complete Site Plan—March 2010

Thornton v. Flathead County, 353 Mont. 252, 220 P.3d 395 (2009)—Condominium Projects Must Be Approved by County Prior to Unit Sales—March 2010

Wellington Condominium Association v. Wellington Cove Condominium Association, No. NC-2007-0353, R.I. Supr. Ct., Aug. 25, 2010—Association Not Entitled to Easement on Withdrawn Land—December 2010

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Documents

Alga Hills Homeowners Association v. Gallagher, No. D055534, Cal. App. Ct., July 28, 2010—Percentage of Required Votes Can Be Reduced—November 2010


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Federal Law and Legislation

Concord West of the Ashley Homeowners' Association v. J. A. Jones, Inc., No. 3:09-cv-00182-GCM, U.S.Dist.Ct., W. Dist. N.C., Jan. 12, 2010—Association Can Pursue Claim Against Bankrupt Contractor in State Court—April 2010


Durso v. Summer Brook Preserve Homeowners Association, 641 F. Supp. 2d 1256 (2008)—Association That Levied Fines to Enforce Covenants Did Not Violate Federal Statutes—February 2010

Fair Housing Center of the Greater Palm Beaches, Inc. v. The Shutters Condominium Association, Inc., No. 09-16184, U.S. App. Ct., 11th Cir., July 29, 2010—Condo Rental Ad Doesn’t Violate Fair Housing Act—November 2010

Hart v. Wood, 3:09-366, U.S. Dist. Ct., Dist. S.C., Jan. 20, 2010—Independent Contractor Cannot Bring Claim for Relief under Civil Rights Act—March 2010

Hawn v. Shoreline Towers Phase I Condominium Association, Inc., No. 09-11797, U.S. App. Ct., 11th Cir., Sept. 22, 2009—No Pet Policy Does Not Violate State or Federal Fair Housing Acts—May 2010

Jerman v. Carlisle, No. 08-1200, U.S. Supr. Ct., 6th Cir., April 21, 2010—Statutory Defense Does Not Extend to Misinterpretation of the Law—June 2010

Madura v. Lakebridge Condominium Association, Inc., No. 09-11636, U.S. App. Ct., 11th Cir., June 14, 2010—Association Not a Debt Collector Subject to the Fair Debt Collection Practices Act—August 2010

Moore v. The Club at Orlando Condominium Association, Inc, No. 6:09-cv-274-Orl-31KRS, U.S. Dist. Ct., M. Dist. Fla., Nov. 19, 2009Associations Must Comply with Laws that Prohibit Discrimination—February 2010

Satomi Owners Association v. Satomi, LLC, Nos. 80480-0, 80584-9, 81083-4, Wash. Supr. Ct., Dec. 24, 2009—Judicial Review Provision in Washington State's Condominium Act Preempted by Federal Arbitration Act—February 2010 

Terminello v. Village of Piermont, No. 08 CV 01056 (WCC)(DCP), U.S. Dist. Ct., S. Dist. N.Y., Oct. 28, 2009—Tax Injunction Act Bars Federal Courts from Exercising Jurisdiction When State Courts Can Resolve the Matter—February 2010

Wood v. Briarwinds Condominium Association Board of Directors, No. 09-12704, U.S. App. Ct., 11th Cir., March 3, 2010—Fair Housing Act Claims Against Association Dismissed—May 2010

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Miscellaneous

Featherfoot Point Property Owners Association, Inc. v. Zwieg, No. W2008-02494-COA-R3-CV, Tenn. App. Ct., Aug. 29, 2009—Trial Court Cannot Arbitrarily Dismiss Suit Before a Plaintiff Completes Its Proof—February 2010


Laurentian Commons Condominium Association of Co-Owners, Inc., v. Dulmage, No. 286496, Mich. App. Ct., Sept. 10, 2009Summary Judgment Is Proper Sanction for Violating Discovery OrderJanuary 2010

Shehadeh v. Fountains at McLean Condominium Unit Owners Association, No. CL-2008-13077, Va. Cir. Ct., June 24, 2009—Parking Spaces Were Not Conveyed in Resale of a Foreclosed Condominium Unit—February 2010

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Miscellaneous Association Operations

Claridge House One Condominium Association, Inc. v. Beach Plum Properties, LLC, No. A-6978-03T2, N.J. Super. Ct., Feb. 8, 2006—Parties Must Abide by Terms of Agreement Reached in Mediation—January 2010


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Miscellaneous Association Problems

Adams v. Newport Crest Homeowners Association, No. G039956, Cal. App. Ct., Sept. 9, 2009—Disputes Arising from Settlement Agreement Must Be Resolved through Mediation—January 2010


Autumn Ridge Homeowners Association, Inc. v. Occhipinto, No. WD71122, Mo. App. Ct., June 8, 2010—Association Cannot Appeal Judgment Language If It Doesn’t Appeal Ruling—August 2010

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Municipal Relations

County of Los Angeles v. La Vina Homeowners Association, No. B210444, Cal. App. Ct., April 5, 2010—Association Cannot Bar Public's Access to Hiking and Equestrian Trails—June 2010


Gineo v. Old Colony Beach Club Association, Inc., CV084008770, Conn. Super. Ct., July 7, 2010—Association Can't Charge Easement Holders Beach Fees—December 2010

Thornton v. Flathead County, 353 Mont. 252, 220 P.3d 395 (2009)—Condominium Projects Must Be Approved by County Prior to Unit Sales—March 2010

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Powers of the Association

Acacia on the Green Condominium Association, Inc. v. Gottlieb, No. 92145, Ohio App. Ct., Sept. 17, 2009—Owner Must Obtain Association Permit to Perform Renovations to Unit—January 2010


Duclos v. Marina Pacifica Homeowners Association, Inc., Nos. B213053, B214116, Cal. App. Ct., March 25, 2010—Association Cannot Encumber Condominium without Approval of Unit Owners—May 2010

Durso v. Summer Brook Preserve Homeowners Association, 641 F. Supp. 2d 1256 (2008)—Association That Levied Fines to Enforce Covenants Did Not Violate Federal Statutes—February 2010

Hollywood Towers Condominium Association, Inc. v. Hampton, No. 4D09-383, Fla. App. Ct., June 23, 2010—Association Has Authority to Access Unit—September 2010

Prescott Green Condominium Association v. Walker, C. A. No. 24948, Ohio App. Ct., June 9, 2010—Argument Not Raised at Trial Barred on Appeal—August 2010

Renezeder v. Emerald Bay Community Association, Nos. G040657, G041353, Cal. App. Ct., Feb. 8, 2010—Declaration Does Not Prohibit Subdivision of Lots—May 2010

The Mansions of North Park Homeowners Association v. McCullough, No. AR 07-13593, Pa. Ct. Com. Pl., July 30, 2009—Court Refuses to Award Damages to Association for a Violation of Two-Pet Rule—March 2010

The Meadows Condominium Unit Owners Association v. Blakey, No. CA2009-09-247, Ohio App. Ct., June 1, 2010—Amendment Invalid If Passed by Combination of Votes During, After Meeting—August 2010

Yusin v. Saddle Lakes Home Owners Association, Inc., Nos. 2009-07644, 2009-07648, N.Y. Supr. Ct., May 25, 2010—Rule Prohibiting Homeowners from Walking Pets on Common Areas Invalid—July 2010

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Risk and Liability

Adams v. Newport Crest Homeowners Association, No. G039956, Cal. App. Ct., Sept. 9, 2009—Disputes Arising from Settlement Agreement Must Be Resolved through Mediation—January 2010


Concord West of the Ashley Homeowners' Association v. J. A. Jones, Inc., No. 3:09-cv-00182-GCM, U.S.Dist.Ct., W. Dist. N.C., Jan. 12, 2010—Association Can Pursue Claim Against Bankrupt Contractor in State Court—April 2010

Eastpointe Condominium I Association, Inc. v. Travelers Casualty & Surety Company of America, No. 09-151866, U.S. App. Ct., 11th Circuit, May 20, 2010—Insurer Does Not Have to Defend Association Against Tangible Property Damage Suit—July 2010

Levin & Stein v. Meadow Valley Condominium Owners Association, No. 62334-6-I, Wash. App., July 26, 2010—Counsel’s Breach Entitles Association to Fee Reduction—November 2010

Lore v. Suwanee Creek Homeowners Association, Inc., No. A10A0012, A10A0013, Ga. App. Ct., June 24, 2010—Association Has No Liability for Damage Caused by Failure to Correct Drainage, Sinkhole Problems—October 2010

Mill Harbour Condominium Owner's Association v. Marshall, No. 2008-0085, Virgin Islands Supr. Ct., May 6, 2010—Association Does Not Have Duty to Maintain Security Cameras—July 2010

O'Sullivan v. The Greens at Gateway Association, No. 290126, Mich. App. Ct., Aug. 12, 2010—Association Negligent for Failing to Repair Defect—December 2010

Raphael v. Silverman, 22 So. 3d 837; 34 Fla. L. Weekly D 2438 (2009)—Allegations of Directors' Personal Benefit Do Not Rise to Level of Self-Dealing Required to Overcome Immunity—March 2010

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Sale and Lease Restrictions

Fair Housing Center of the Greater Palm Beaches, Inc. v. The Shutters Condominium Association, Inc., No. 09-16184, U.S. App. Ct., 11th Cir., July 29, 2010—Condo Rental Ad Doesn’t Violate Fair Housing Act—November 2010


Harrison v. Sierra Dawn Estates Homeowners' Association, Inc., No. E045862, Cal. App. Ct., June 23, 2010—Rental Restrictions Valid and Reasonable—September 2010

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State and Federal Law and Legislation

Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, No. D055422, Cal. App. Ct., July 30, 2010—Mandatory Arbitration Clause Unenforceable, Unconscionable—September 2010


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State and Local Legislation and Regulations

Alga Hills Homeowners Association v. Gallagher, No. D055534, Cal. App. Ct., July 28, 2010—Percentage of Required Votes Can Be Reduced—November 2010


Bailey v. Stonecrest Condominium Association, Inc., No. A10A0579, Ga. App. Ct., June 18, 2010—No-Leasing Restriction May Violate Georgia Fair Housing Act—September 2010

Board of Directors of Hunt Club at Coram Homeowners Association v. Hebb, No. 2009-01264, N.Y. Supr. Ct., April 27, 2010—Lien Notice Verification Requirement Applies to Condominiums, But Not Homeowners Associations—June 2010

Chapala Management Corporation v. Stanton, No. D055532, Cal. App. Ct., July 29, 2010—Enforcement of Monetary Judgment Stayed Pending Outcome of Appeal—September 2010

Foster v. Wilmington Plantation Owners Association, Inc., Nos. A10A0262, A10A0374, Ga. App. Ct., May 28, 2010—Foreclosure Action Must Be Tried in County of Residence—July 2010

Jones v. Forest Lake Village Homeowners Association, Inc., No. A10A0810, Ga. App. Ct., June 18, 2010—Homeowners Not Required to Use Private Water System—September 2010

Lake v. Woodcreek Homeowners Association, No. 81873-8, Wash. Supr. Ct., April 15, 2010—Addition to Unit Does Not Violate Condominium Statutes—June 2010

McCraw v. Aux, No. COA09-1238, N.C.. App. Ct., July 20, 2010—Order Vacated Because ARC Not Party to Lawsuit—September 2010

Palm v. 2800 Lake Shore Drive Condominium Association, No. 1-08-2436, Ill. App. Ct., May 28, 2010—Unit Owner Entitled to Inspect Association's Financial Records—August 2010

Port Village HOA, Inc. v. Summit Associates, SCR 60571/09-1, N.Y. Civ. Ct., April 21, 2010—Unincorporated Association Has No Standing to Sue for Past Due Assessments—October 2010

Satomi Owners Association v. Satomi, LLC, Nos. 80480-0, 80584-9, 81083-4, Wash. Supr. Ct., Dec. 24, 2009—Judicial Review Provision in Washington State's Condominium Act Preempted by Federal Arbitration Act—February 2010

Villa Europa Homeowners Association v. The Superior Court of San Diego County, No. D056640, Cal. App. Ct., April 22, 2010—Stay of Board Member Recall Exceeds Court's Jurisdiction—June 2010

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Use Restrictions

Acacia on the Green Condominium Association, Inc. v. Gottlieb, No. 92145, Ohio App. Ct., Sept. 17, 2009—Owner Must Obtain Association Permit to Perform Renovations to Unit—January 2010


Clear Lake Riviera Community Association v. Cramer, 182 Cal. App. 4th 459 (2010)—Architectural Guidelines Still Valid Despite Absence of Written Records—May 2010

County of Los Angeles v. La Vina Homeowners Association, No. B210444, Cal. App. Ct., April 5, 2010—Association Cannot Bar Public's Access to Hiking and Equestrian Trails—June 2010

Farran v. Olde Belhaven Towne Owners Association, No. CL-2009-11786, Va. Cir. Ct., July 8, 2010—Fines to Enforce Restrictions OK if in Governing Docs—December 2010

Hawn v. Shoreline Towers Phase I Condominium Association, Inc., No. 09-11797, U.S. App. Ct., 11th Cir., Sept. 22, 2009—No Pet Policy Does Not Violate State or Federal Fair Housing Acts—May 2010

Oak Lane Homeowners Association v. Griffin, No. 20080084-CA, Utah App. Ct., Sept. 11, 2009—Lot Owners May Use Private Road Maintained by Homeowners Association—February 2010

Renezeder v. Emerald Bay Community Association, Nos. G040657, G041353, Cal. App. Ct., Feb. 8, 2010—Declaration Does Not Prohibit Subdivision of Lots—May 2010

Schebel v. The Pine Creek Ridge Home Owners Association, No. 284177, Mich. App. Ct., Sept. 15, 2009Declaration Determines Riparian Rights of Landbound Lot Owners—January 2010

Shehadeh v. Fountains at McLean Condominium Unit Owners Association, No. CL-2008-13077, Va. Cir. Ct., June 24, 2009—Parking Spaces Were Not Conveyed in Resale of a Foreclosed Condominium Unit—February 2010

Wood v. Briarwinds Condominium Association Board of Directors, No. 09-12704, U.S. App. Ct., 11th Cir., March 3, 2010—Fair Housing Act Claims Against Association Dismissed—May 2010

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Warranties

Board of Managers of 374 Manhattan Avenue Condominium v. Harlem Infil LLC, No. 105826/08, N.Y. Supr. Ct., June 18, 2010—Enforcement of Consumer Protection Laws Rests Only with the Attorney General—October 2010


Satomi Owners Association v. Satomi, LLC, Nos. 80480-0, 80584-9, 81083-4, Wash. Supr. Ct., Dec. 24, 2009—Judicial Review Provision in Washington State's Condominium Act Preempted by Federal Arbitration Act—February 2010

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