2011 Index
In This Issue:
2011 Index
Architectural Control
Assessments
Association Operations
Attorney’s Fees
Contracts
Conversions
Covenants Enforcement
Developer Liability
Developmental Rights
Documents
Federal Law and Legislation
Miscellaneous Association Problems
Municipal Relations
Operations
Powers of the Association
Risks and Liabilities
Sale and Lease Restrictions
State and Local Legislation and Regulation
Use Restrictions
Warranties
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This issue of Law Reporter is sponsored by CAI Press.

2011 Index

Before you say hello to the New Year, say goodbye to the old one with the Community Association Law Reporter 2011 Index, which features alphabetical listings of all cases in Law Reporter in the last year, with case citations classified by subject. You can now click on the cases to take you to the article you’re looking for, or 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

Ariyan v. Pine Orchard Association, Inc., No. CV084034207S, Conn. Super. Ct., Dec. 3, 2010—Owner Must Remove Gazebo that Violates Zoning Regulation—September 2011


Baldwin v. Village Walk Condominium, Inc., No. FSTCV085007925S, Conn. Super. Ct., Nov. 19, 2010—Owner Can Sue Neighbors Over Installation of Wood Floors—August 2011

Bodine v. Harris Village Property Owners Association, Inc., No. COA09-1458, N.C. App. Ct., Sept. 7, 2010—Covered Porch Violates Restrictive Covenants—February 2011

Eden Harbour Condominium Association v. Eden Harbour, LLC, No. MMXCV094010447S, Conn. Super. Ct., Dec. 7, 2010—Court Won't Address Repair Issues Previously Ruled Upon—September 2011

Herring v. Heron Lakes Estates Owners Association, Inc,. No. 14-09-00772-CV, Texas App. Ct., Jan. 4, 2011—Rejection of Settlement Agreement is Breach of Contract—August 2011

Hicks v. Falcon Wood Property Owners Association, No. 03-09-00238-CV, Texas App. Ct., Aug. 19,  2010—Covenants Don't Require RVs to Connect to Septic System—January 2011

Larson v. Las Posas Hills Homeowners Association, No. B219066, Calif. App. Ct., Feb. 1, 2011—Intervener Is Entitled to Attorney’s Fees—October 2011

Mazdabrook Commons Homeowners' Association v. Kahn, No. A-6106-08T3, N.J. Super. Ct., Sept. 1, 2010—Overbroad Sign Restriction Is Unconstitutional—January 2011

Telford v. Sagewood Homeowners Association, Inc., E048483, Calif. App. Ct., Nov. 16, 2010—Association Liable for Damages Caused by Renovation—June 2011

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Assessments

The 1849 Condominiums Association, Inc. v. Bruner, No. 2:09-CV-3339-JAM-EFB, U.S. Dist. Ct., E. Dist. Calif., Feb. 17, 2011—Association Must Account for Special Assessment Funds—November 2011


Board of Managers of 50 Pine Street Condominium v. Miodownik, No. 110020/09, N.Y. Supr. Ct., Oct. 26, 2010—Board Has Right to Foreclose on Lien for Unpaid Charges—June 2011

Board of Managers of The Ansonia Condominium v. Logan, No. 116761/2007, N.Y. Supr. Ct., June 29, 2010—Owner in Default Action Must be Personally Served—March 2011

Bosch v. Cedar Village Townhomes Homeowners Association, Inc., No. 01-09-00654-CV, Texas App. Ct., Feb. 3, 2011—Association Does Not Have Duty to Insure Owner’s Unit—October 2011

Canterbury Woods Homeowners Association v. Hernandez, No. G042649, Calif. App. Ct., Dec. 16, 2010—Association Entitled to Unpaid Assessments—July 2011

Epstein v. Villa Dorado Condominium Association, Inc., No. ED93467, Mo. App. Ct., May 4, 2010—Ruling Reversed; Trial Court Didn't Certify Class Action—February 2011

Mira Owners Association v. Lawrence, No. C10-630RAJ, U.S. Dist. Ct., W. Dist. Wash., Feb. 16, 2011—Association’s Lien Trumps Unrecorded Federal Tax Lien—November 2011

Paoli Pointe Condominium Association v. Levin, No. 2009-08871, Pa. Ct. Com. Pl., Nov. 5, 2010—“Tough Times” No Defense for Not Paying Assessments—October 2011

Queirolo v. Highridge Condominium Owners Association, No. 200-3-07 Rdcv, Vt. Super. Ct., Sept. 21, 2010—Change in Owner’s Percentage Interest Violates Law—October 2011

Superior Shores Lakehome Association v. Jensen-Re Partners, No. A10-1108, Minn. App. Ct., Jan. 25, 2011—Reconfigured Unit Can't Be Charged Double Assessments—October 2011

Village Green Homeowners Association, Inc. v. Leeder, No. 04-10-00522-CV, Texas App. Ct., March 2, 2011—HOA Entitled to Foreclose on Unit for Unpaid Assessments—December 2011

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Association Operations

Alley v. Les Chateaux Condominium Association, Inc., No. 8:10-cv-760-T-33TGW, U. S. Dist. Ct., M. Dist. Fla., Nov. 16, 2010—Association Can't Refuse Disabled Owner’s Use of Golf Cart—June 2011


Board of Managers of Academy Twins Condominium v. Hernandez, No. 112410/10, N.Y. Supr. Ct., Dec. 16, 2010—Board Chosen for Removal Must Have Chance to Speak—August 2011

Board of Managers of Park Regent Condominium v. Park Regent Associates, No. 2009-04227, N.Y. Supr. Ct., App. Div., March 30, 2010—Board of Managers Election at Unnoticed Meeting Invalid—June 2011

Canonier v. Mahogany Run Condominium Association, Inc., No. ST-09-CV-390, Virgin Islands Super. Ct., Feb. 7, 2011—Statute of Limitations Doesn't Bar Harassment Claim—November 2011

First Equitable Realty III, Ltd. v. Grandview Palace Condominium Association, No. 3D09-3129, Fla. App. Ct., Oct. 27, 2010—Developer Doesn't Retain Rights to Assigned Parking—May 2011

King v. Casa Grande Condominium Association, Incorporated, No. 10-30237, U.S. App. Ct., 5th Cir., Jan. 28, 2011—Association Not Liable for Flood Damage to Subgrade Unit—October 2011

Pasquariello v. Castle Rock Owners Association, Inc., No. CV096006082S, Conn. Super. Ct., Aug. 5, 2010—Management Activities Not Unfair Trade Practices—March 2011

Shoreline Towers Condominium Association v. Gassman, Nos. 1-08-2438, 1-09-2180, Ill. App. Ct., Sept. 30, 2010—Owners Entitled to Display Religious Symbols—July 2011

South Bay Lake Homeowners Association, Inc. v. Wells Fargo Bank, N.A., No. 2D10-148, Fla. App. Ct., Feb. 18, 2011—Association Allowed Attorney’s Fees in Foreclosure Case—November 2011

Telesca v. The Village of Kings Creek Condominium Association, Inc., No. 09-13910, U.S. App. Ct., 11th Cir., Aug. 2, 2010— FHA Claims Must be Made Within Two Years of Incident—January 2011

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Attorney’s Fees

Bosch v. Cedar Village Townhomes Homeowners Association, Inc., No. 01-09-00654-CV, Texas App. Ct., Feb. 3, 2011—Association Does Not Have Duty to Insure Owner’s Unit—October 2011


Buckbinder v. The Woods at Smithtown Homeowners Association, Inc., No. 04-15801, N.Y. Supr. Ct., Sept. 28, 2010—Association Responsible for Gutters and Driveway—May 2011

Larson v. Las Posas Hills Homeowners Association, No. B219066, Calif. App. Ct., Feb. 1, 2011—Intervener Is Entitled to Attorney’s Fees—October 2011

South Bay Lake Homeowners Association, Inc. v. Wells Fargo Bank, N.A., No. 2D10-148, Fla. App. Ct., Feb. 18, 2011—Association Allowed Attorney’s Fees in Foreclosure Case—November 2011

Taylor v. Harbour Pointe Homeowners Association, No. 09-CV-257-JTC, U.S. Dist. Ct., W. Dist. N.Y., May 6, 2011—Association Can’t Recover Attorney’s Fees—November 2011

Wendt v. La Costa Beach Resort Condominium Association, Inc., No. SC09-1914, Fla. Supr. Ct., June 9, 2011—Directors May Seek Restitution for Litigation Expenses—August 2011

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Contracts

Boyd v. Hunter Pointe Condominium Association, No. 294811, Mich. App. Ct., Feb. 15, 2011—Owner Can’t Sue Contractor for Additional Repairs—November 2011


Cusimano v. Port Esplanade Condominium Association, Inc., No. 2010-CA-0477, La. App. Ct., Jan. 12, 2011—Total Approval Needed to Change Interest Percentage—September 2011

Fieldston Property Owners Association, Inc. v. Hermitage Insurance Company, Inc., 920 N.Y. S.2d 763 (N.Y. App. Ct. 2011)— “Other Insurance” Clause Dictates Insurer’s Obligations—December 2011

Lillie v. Channel View Condominium Association, No. B224330, Calif. App. Ct., Feb. 23, 2011—Arbitration Agreement Not Part of Ambiguous Settlement—December 2011

Parc Central Aventura East Condominium v. Victoria Group Services, LLC, No. 3D10-254, Fla. App. Ct., Jan. 19, 2011—Unpaid Property Maintenance Fees Not a Lienable Offence—September 2011

Snug Harbor Condominium Council v. Sullivan, No. 5915-CC, Del. Chancery Ct., Feb. 7, 2011—Owner Must Honor Settlement Terms or Return Money—November 2011

Whitetail Homeowners Association, Inc. v. Gountanis, No. DV-03-80, Mont. Dist. Ct., July 20, 2010—Association Can Enforce Agreement to Sell Parkland—February 2011

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Conversions

Aspen Grove Owners Association v. Park Promenade Apartments, LLC, No. CV09-1110, U.S. Dist. Ct., W. Dist. of Wash., Nov. 19, 2010— Association Lacks Standing to Sue on Behalf of Its Members—January 2011


First Equitable Realty III, Ltd. v. Grandview Palace Condominium Association, No. 3D09-3129, Fla. App. Ct., Oct. 27, 2010—Developer Doesn't Retain Rights to Assigned Parking—May 2011

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Covenants Enforcement

The 1849 Condominiums Association, Inc. v. Bruner, No. 2:09-CV-3339-JAM-EFB, U.S. Dist. Ct., E. Dist. Calif., Feb. 17, 2011—Association Must Account for Special Assessment Funds—November 2011


Astralis Condominium Association v. Secretary, United States Department of Housing and Urban Development, on behalf of Carlos Garcia-Guillen, No. 09-2497, 09-2589, U.S. App. Ct., 1st Circuit, Sept. 16, 2010—Condominium Statute Does Not Trump Fair Housing Act—May 2011

Bodine v. Harris Village Property Owners Association, Inc., No. COA09-1458, N.C. App. Ct., Sept. 7, 2010—Covered Porch Violates Restrictive Covenants—February 2011

Bosch v. Cedar Village Townhomes Homeowners Association, Inc., No. 01-09-00654-CV, Texas App. Ct., Feb. 3, 2011—Association Does Not Have Duty to Insure Owner’s Unit—October 2011

Breakwater Cove Condominium Association v. Chin, No. A-1420-09T3, N.J. Super. Ct., App. Div., Dec. 2, 2010—Covenant Does Not Prohibit Keeping Pet Birds—July 2011

Bretton Woods Condominium I v. Bretton Woods Homeowners Association, Inc., No. 09-36820, N.Y. Supr. Ct., Oct. 25, 2010—Amendment to Condominium Bylaws Not Valid—May 2011

Briarwinds Condominium Association, Inc. v. Rigsby, 51 So.3d 532 (Fla. App. Ct. 2010)—Injunction a Remedy for Governing Document Violations—August 2011

Buckbinder v. The Woods at Smithtown Homeowners Association, Inc., No. 04-15801, N.Y. Supr. Ct., Sept. 28, 2010—Association Responsible for Gutters and Driveway—May 2011

Canterbury Woods Homeowners Association v. Hernandez, No. G042649, Calif. App. Ct., Dec. 16, 2010—Association Entitled to Unpaid Assessments—July 2011

Casagmo Condominium Association v. Venegas, No. DBCV094010514S, Conn. Super. Ct., Aug. 31, 2010—Pet Policy May Violate Fair Housing Act—July 2011

College Book Centers, Inc. v. Carefree Foothills Homeowners Association, No. 1 CA-CV 08-0450, Ariz. App. Ct., Oct. 26, 2010—Association Didn’t Waive Right to Enforce Restriction—April 2011

Connors v. Lake Dexter Woods Homeowners Association, Inc., No. 2D09-5382, Fla. App. Ct., Dec. 29, 2010—Disabled Resident’s Behavior Violates Declaration—August 2011

Country Pointe at Dix Hills Home Owners Association, Inc. v. Beechwood Organization, Nos. 2008-09872, 2008-09874, 2008-09875, 2009-08553, 2009-8555, 2009-08556, 2009-08557, N.Y. Supr. Ct., App. Div., Jan. 18, 2011—Mandatory Club Membership Requirements Are Valid—October 2011

Cusimano v. Port Esplanade Condominium Association, Inc., No. 2010-CA-0477, La. App. Ct., Jan. 12, 2011—Total Approval Needed to Change Interest Percentage—September 2011

Discovery at Cortez Hill Homeowners Association v. Noble, No. D056397, Calif. App. Ct., Sept. 29, 2010—Association Is Denied Injunction to Repair Leak—March 2011

Franklin Commons, L.L.C. v. Helman Woods Subdivision Homeowners Association, No. 292952, Mich. App. Ct., Nov. 4, 2010—Association May Enforce Commercial Use Restrictions—May 2011

Hendrix v. Eagle Neck Homeowners Association, Inc., Nos. A11A0621, A11A0622, Ga. App. Ct., June 8, 2011—Owner Failed to Show Association Violated Covenants—July 2011

Herring v. Heron Lakes Estates Owners Association, Inc., No. 14-09-00772-CV, Texas App. Ct., Jan. 4, 2011—Rejection of Settlement Agreement is Breach of Contract—August 2011

Hicks v. Falcon Wood Property Owners Association, No. 03-09-00238-CV, Texas App. Ct., Aug. 19, 2010— Covenants Don't Require RVs to Connect to Septic System—January 2011

Larson v. Las Posas Hills Homeowners Association, No. B219066, Calif. App. Ct., Feb. 1, 2011—Intervener Is Entitled to Attorney’s Fees—October 2011

Marzo Club, L.L.C. v. Columbia Lakes Homeowners Association, No. 14-09-00099-CV, Texas App. Ct., Oct. 19, 2010—Developer's Rights Don't Extend to Reserve Property—April 2011

Mazdabrook Commons Homeowners' Association v. Kahn, No. A-6106-08T3, N.J. Super. Ct., Sept. 1, 2010—Overbroad Sign Restriction Is Unconstitutional—January 2011

Mira Owners Association v. Lawrence, No. C10-630RAJ, U.S. Dist. Ct., W. Dist. Wash., Feb. 16, 2011—Association’s Lien Trumps Unrecorded Federal Tax Lien—November 2011

Tahiti Beach Homeowners Association, Inc. v. Pfeffer, No. 3D10-786, Fla. App. Ct., Jan. 5, 2011—Rules Violation Fines Limited by State Statute—August 2011

U.S. Department of Housing and Urban Development v. Fox Point at Redstone Association, Inc., HUD ALJ No. 08-11-0181-8—HUD Sues Association for Violating Fair Housing Act —November 2011

Village Green Homeowners Association, Inc. v. Leeder, No. 04-10-00522-CV, Texas App. Ct., March 2, 2011—HOA Entitled to Foreclose on Unit for Unpaid Assessments—December 2011

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Developer Liability

Caldwell v. Two Columbus Avenue Condominium, No. 123568/02, N.Y. Supr. Ct., Oct. 22, 2010—Mold in Unit Does Not Support Personal Injury Claim—June 2011


Eden Harbour Condominium Association v. Eden Harbour, LLC, No. MMXCV094010447S, Conn. Super. Ct., Dec. 7, 2010—Court Won't Address Repair Issues Previously Ruled Upon—September 2011

In re Tarragon Corporation, No. 09-10555 (DHS), Adv. Pro. No.: 09-01465 (DHS), U.S. Dist. Ct., Dist. N.J., Oct. 1, 2010—Co-developer Liable for Construction Defects—April 2011

Lakeview Reserve Homeowners v. Maronda Homes, Inc., No. 5D09-1146, Fla. App. Ct., Oct. 29, 2010—Developer Liable for Common–Area Construction Defects—May 2011

Newton's Crest Homeowners' Association v. Camp, Nos. A10A1573, A10A1867, Ga. App. Ct., Sept. 24, 2010—Developer Liable for Damages Caused by Pond Alterations—March 2011

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Developmental Rights

Bay Cliff Estates Condominium Association v. Harbor Club Properties, Inc., No. 292083, Mich. App. Ct., Sept. 21, 2010—Marina Walkway Owner Entitled to Lease Bottomlands—March 2011


Board of Managers of Marbury Club Condominium v. Marbury Corners LLC, No. 29420/09, N.Y. Supr. Ct., Sept. 22, 2010—Developer Can't Enforce Promissory Note—April 2011

Breakwater Village Condominium Association, Inc. v. Breakwater Village, Inc., No. WC/08-0017, R.I. Super. Ct., Nov. 23, 2010—Developer Can’t Add Association to Existing Association—June 2011

Country Pointe at Dix Hills Home Owners Association, Inc. v. Beechwood Organization, Nos. 2008-09872, 2008-09874, 2008-09875, 2009-08553, 2009-8555, 2009-08556, 2009-08557, N.Y. Supr. Ct., App. Div., Jan. 18, 2011—Mandatory Club Membership Requirements Are Valid—October 2011

Marzo Club, L.L.C. v. Columbia Lakes Homeowners Association, No. 14-09-00099-CV, Texas App. Ct., Oct. 19, 2010—Developer's Rights Don't Extend to Reserve Property—April 2011

Rainier View Court Homeowners Association, Inc. v. Zenker, No. 39187-2-II, Wash. App. Ct., Sept. 8, 2010—Residents of Future Phases Have Easement for Park—February 2011

The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. v. The Pines of Greenwood Homeowners’ Association, Inc., No. 41A01-0912-CV-568, Ind. App. Ct., Nov. 17, 2010—Zoning Ordinance Requires Formation of Master HOA—September 2011

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Documents

Grove Court Condominium Unit Owners’ Association v. Hartman, No. 94910, Ohio App. Ct., Jan. 20, 2011—Bank Needs Direct Interest in Unit to Stop Foreclosure—September 2011


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Federal Law and Legislation

Alley v. Les Chateaux Condominium Association, Inc., No. 8:10-cv-760-T-33TGW, U. S. Dist. Ct., M. Dist. Fla., Nov. 16, 2010—Association Can't Refuse Disabled Owner’s Use of Golf Cart—June 2011


Astralis Condominium Association v. Secretary, United States Department of Housing and Urban Development, on behalf of Carlos Garcia-Guillen, No. 09-2497, 09-2589, U.S. App. Ct., 1st Circuit, Sept. 16, 2010—Condominium Statute Does Not Trump Fair Housing Act—May 2011

Berkovich v. Vue-North Carolina, LLC, 3:10-cv-618-RJC-DSC, U.S. Dist. Ct., W. Dist. N.C., Oct. 24, 2011—Condominium Unit’s Contract of Sale May Be Revoked—December 2011

Casagmo Condominium Association v. Venegas, No. DBCV094010514S, Conn. Super. Ct., Aug. 31, 2010—Pet Policy May Violate Fair Housing Act—July 2011

Heitman v. Bear Lake West Home Owners Association Corporation, No. CV 07-209-E-BLW, U.S. Dist. Ct., Dist. Idaho, Nov. 21, 2007—Homeowner's Frivolous Lawsuits Constitute Harassment—January 2011

In re Stone Creek Village Property Owners Association, Inc., No. 10-54343-C, Chapter 11, U.S. Bankruptcy Ct., W. Dist. Texas, July 27, 2011—Assessments, Fees Part of HOA's Bankruptcy Estate—December 2011

Mattison v. Black Point Beach Club Association, No. 09-4174-cv, U.S. App. Ct., 2nd Cir., May 10, 2010—Easement Doesn’t Pertain to Similarly Situated Properties—April 2011

Taylor v. Harbour Pointe Homeowners Association, No. 09-CV-257-JTC, U.S. Dist. Ct., W. Dist. N.Y., May 6, 2011—Association Can’t Recover Attorney’s Fees—November 2011

Telesca v. The Village of Kings Creek Condominium Association, Inc., No. 09-13910, U.S. App. Ct., 11th Cir., Aug. 2, 2010—FHA Claims Must be Made Within Two Years of Incident—January 2011

U.S. Department of Housing and Urban Development v. Fox Point at Redstone Association, Inc., HUD ALJ No. 08-11-0181-8—HUD Sues Association for Violating Fair Housing Act—November 2011

Weatherspoon v. Provincetowne Master Owners Association, Inc., No. 08-cv-02754-MSK-KLM, U.S. Dist. Ct., District of Columbia, Sept. 2, 2010—Discrimination Claims Precluded by Collateral Estoppel—February 2011

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Miscellaneous Association Problems

First Equitable Realty III, Ltd. v. Grandview Palace Condominium Association, No. 3D09-3129, Fla. App. Ct., Oct. 27, 2010—Developer Doesn't Retain Rights to Assigned Parking—May 2011


In re: Park Memorial Condominium Association, Inc., 322 S.W.3d 447 (Texas App. Ct. 2010)—Court Can't Grant Relief That Wasn't Requested in Lawsuit—February 2011

Mill Pond Condominium Association v. Manalio, 910 A.2d 392 (Maine 2006)—Association’s Sign Doesn't Interfere with Easement—October 2011

Nader v. Carlyle Condominiums, No. 94445, Ohio App. Ct., September 16, 2010—Association Not Liable for Owner's Death by Drowning—February 2011

Spangenberg Area Property Owner’s Association v. Spangenberg, No. 2008 CV 5002, Pa. Ct. Com. Pl., June 24, 2010—Association Has Right to Treat Lake with Algaecides—September 2011

Zopatti v. Rancho Dorado Homeowners Association, No.10CV1091 DMS (WVG), U.S.Dist.Ct., S. Dist. Calif., March 4, 2011—Pesticides Used on Common Areas Might Be Health Risk—May 2011

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Municipal Relations

Quincy Park Condominium Unit Owners’ Association v. District of Columbia Board of Zoning Adjustment, No. 09-AA-70, D.C. App. Ct., Sept. 30, 2010—Objection to Zoning Relief Request Must Be Raised to Board—June 2011


Twin Pines Cooperative Foundation v. Davis Area Cooperative Housing Association, Case to be tried in October 2011—City Tries to Foreclose on Affordable Housing Units—September 2011

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Operations

Mill Pond Condominium Association v. Manalio, 910 A.2d 392 (Maine 2006)—Association’s Sign Doesn't Interfere with Easement—October 2011


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Powers of the Association

Board of Managers of Academy Twins Condominium v. Hernandez, No. 112410/10, N.Y. Supr. Ct., Dec. 16, 2010—Board Chosen for Removal Must Have Chance to Speak—August 2011


Discovery at Cortez Hill Homeowners Association v. Noble, No. D056397, Calif. App. Ct., Sept. 29, 2010—Association Is Denied Injunction to Repair Leak—March 2011

Fairfield Harbour Property Owners Association, Inc. v. Drez, No. COA11-205, N.C. App. Ct., Nov. 15, 2011—HOA Can't Purchase Amenities with Assessments—December 2011

Mattison v. Black Point Beach Club Association, No. 09-4174-cv, U.S. App. Ct., 2nd Cir., May 10, 2010—Easement Doesn’t Pertain to Similarly Situated Properties—April 2011

Rainier View Court Homeowners Association, Inc. v. Zenker, No. 39187-2-II, Wash. App. Ct., Sept. 8, 2010—Residents of Future Phases Have Easement for Park—February 2011

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Risks and Liabilities

1324 W. Pratt Condominium Association v. Pratt Construction Group, 404 Ill. App. 3d 611; 936 N.E.2d 1093 (2010)—Builder Is Liable for Condominium Construction Defects—March 2011


Amitie One Condominium Association v. Nationwide Property & Casualty Insurance Company, No. 1:07-CV-1756, U. S. Dist. Ct., M. Dist. Pa., Dec. 7, 2010—Association Can't Recover for Damage Excluded by Policy—July 2011

Aspen Grove Owners Association v. Park Promenade Apartments, LLC, No. CV09-1110, U.S. Dist. Ct., W. Dist. of Wash., Nov. 19, 2010—Association Lacks Standing to Sue on Behalf of Its Members—January 2011

Bosch v. Cedar Village Townhomes Homeowners Association, Inc., No. 01-09-00654-CV, Texas App. Ct., Feb. 3, 2011—Association Does Not Have Duty to Insure Owner’s Unit—October 2011

Boyan v. The Orchards at Holmdel Condominium Association, Inc., No. A-1020-09T2, N.J. Super. Ct., App. Div., Oct. 13, 2010—Association Not Liable for Owner's Injuries—April 2011

Boyd v. Hunter Pointe Condominium Association, No. 294811, Mich. App. Ct., Feb. 15, 2011—Owner Can’t Sue Contractor for Additional Repairs—November 2011

Buckley Towers Condominium, Inc. v. QBE Insurance Corporation, No. 09-13247, U.S. App. Ct., 11th Circuit, Sept. 14, 2010—Insured Owners Can't Recover Replacement Costs—December 2011

Buttross V., Inc. v. Victoria Square Condominium Homeowners' Association, Inc.,  No. 03-09-00526-CV, Texas App. Ct., Aug. 18, 2010—Owner Can't Claim Damages for Bad Roofs; Bought "As Is"—January 2011

Caldwell v. Two Columbus Avenue Condominium, No. 123568/02, N.Y. Supr. Ct., Oct. 22, 2010—Mold in Unit Does Not Support Personal Injury Claim—June 2011

Continental Casualty Company v. Sycamore Springs Homeowners Association Inc., No. 1:09-cv-0007-LMJ-DML, U.S. Dist. Ct., S. Dist. Ind., Aug. 30, 2010—Insurance Policy Does Not Cover Risk of Future Flooding—February 2011

Fieldston Property Owners Association, Inc. v. Hermitage Insurance Company, Inc., 920 N.Y. S.2d 763 (N.Y. App. Ct. 2011)— “Other Insurance” Clause Dictates Insurer’s Obligations—December 2011

In re: Park Memorial Condominium Association, Inc., 322 S.W.3d 447 (Texas App. Ct. 2010)—Court Can't Grant Relief That Wasn't Requested in Lawsuit—February 2011

King v. Casa Grande Condominium Association, Incorporated, No. 10-30237, U.S. App. Ct., 5th Cir., Jan. 28, 2011—Association Not Liable for Flood Damage to Subgrade Unit—October 2011

Lubell v. Stonegate at Ardsley Home Owners Association, Inc., No. 2010-00880, N.Y. Supr. Ct., App. Div., Dec. 28, 2010—Landscaper Not Liable for Unit Owner’s Injuries—August 2011

Moody v. Soundview Condominium Association, No. CV095013200, Conn. Super. Ct., Feb. 4, 2011—Party Responsible for Maintaining Stairway Unclear—December 2011

Nader v. Carlyle Condominiums, No. 94445, Ohio App. Ct., Sept. 16, 2010—Association Not Liable for Owner's Death by Drowning—February 2011

Pasquariello v. Castle Rock Owners Association, Inc., No. CV096006082S, Conn. Super. Ct., Aug. 5, 2010—Management Activities Not Unfair Trade Practices—March 2011

Port Imperial Condominium Association, Inc. v. K. Hovnanian Port Imperial Urban Renewal, Inc., No. A-1013-10T1, N.J. Super. Ct., App. Div., March 29, 2011—Subcontractors Not Liable for Construction Defects—July 2011

Rivas v. Reade House Condominium Association, No. 101260/2006, N.Y. Supr. Ct., June 29, 2010—Association Responsible for Sidewalk Snow/Ice Removal—March 2011

Villano v. Strathmore Terrace Homeowners Association, Inc., No. 2010-02719, N.Y. Supr. Ct., App. Div., Sept. 28, 2010—Association’s Liability for Personal Injury Is Jury Question—May 2011

Wendt v. La Costa Beach Resort Condominium Association, Inc., No. SC09-1914, Fla. Supr. Ct., June 9, 2011—Directors May Seek Restitution for Litigation Expenses—August 2011

Winters v. Gold Parc Condominium Association, Inc., No. A-4732-08T3, N.J. Super. Ct., App. Div., Oct. 14, 2010—Owners Fail to Prove Association's Liability for Mold Damage—April 2011

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Sale and Lease Restrictions

Margerison v. Charter Oak Homeowners Association, No. 107843, Okla. App. Ct., May 21, 2010—Gate in Security Fence Must be Approved by Homeowners—January 2011


Twin Pines Cooperative Foundation v. Davis Area Cooperative Housing Association, Case to be tried in October 2011—City Tries to Foreclose on Affordable Housing Units—September 2011

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State and Local Legislation and Regulation

Board of Managers of Marbury Club Condominium v. Marbury Corners LLC, No. 29420/09, N.Y. Supr. Ct., Sept. 22, 2010—Developer Can't Enforce Promissory Note—April 2011


Canonier v. Mahogany Run Condominium Association, Inc., No. ST-09-CV-390, Virgin Islands Super. Ct., Feb. 7, 2011—Statute of Limitations Doesn't Bar Harassment Claim—November 2011

Jennings v. The Borough of Highlands, No. A-0941-09T1, N.J. Super. Ct., App. Div., March 14, 2011—Homeowners Can't Protest Zoning Changes—April 2011

Parc Central Aventura East Condominium v. Victoria Group Services, LLC, No. 3D10-254, Fla. App. Ct., Jan. 19, 2011—Unpaid Property Maintenance Fees Not a Lienable Offence—September 2011

Shoreline Towers Condominium Association v. Gassman, Nos. 1-08-2438, 1-09-2180, Ill. App. Ct., Sept. 30, 2010—Owners Entitled to Display Religious Symbols—July 2011

The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. v. The Pines of Greenwood Homeowners’ Association, Inc., No. 41A01-0912-CV-568, Ind. App. Ct., Nov. 17, 2010—Zoning Ordinance Requires Formation of Master HOA—September 2011

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Use Restrictions

Franklin Commons, L.L.C. v. Helman Woods Subdivision Homeowners Association, No. 292952, Mich. App. Ct., Nov. 4, 2010—Association May Enforce Commercial Use Restrictions—May 2011


Harbour Pointe LLC v. Harbour Landing Condominium Association, Inc., No. NNHCV074025338S, Conn. App. Ct., Feb. 22, 2011—Easement Not Expired After Expansion Deadline—March 2011

Margerison v. Charter Oak Homeowners Association, No. 107843, Okla. App. Ct., May 21, 2010—Gate in Security Fence Must be Approved by Homeowners—January 2011

Telford v. Sagewood Homeowners Association, Inc., E048483, Calif. App. Ct., Nov. 16, 2010—Association Liable for Damages Caused by Renovation—June 2011

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Warranties

1324 W. Pratt Condominium Association v. Pratt Construction Group, 404 Ill App. 3d 611; 936 N.E.2d 1093 (2010)—Builder Is Liable for Condominium Construction Defects—March 2011


Aspen Grove Owners Association v. Park Promenade Apartments, LLC, No. CV09-1110, U.S. Dist. Ct., W. Dist. of Wash., Nov. 19, 2010—Association Lacks Standing to Sue on Behalf of Its Members—January 2011

Boyd v. Hunter Pointe Condominium Association, No. 294811, Mich. App. Ct., Feb. 15, 2011—Owner Can’t Sue Contractor for Additional Repairs—November 2011

Lakeview Reserve Homeowners v. Maronda Homes, Inc., No. 5D09-1146, Fla. App. Ct., Oct. 29, 2010—Developer Liable for Common–Area Construction Defects—May 2011

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