An association had a large “pond” as part of its common elements, which was surrounded by various vegetation and small willow trees. An adjoining landowner had an easement granted by the original developer to run a drainage pipe through the common elements to the pond to assist in the drainage of his property. The owner […]
A homeowners association sought to reduce its taxes on a common element parcel. A complaint for valuation of real property was filed with the County’s Board of Revision. Kaman & Cusimano successfully argued in front of the Board of Revision that the association should only be paying a nominal value on the parcel as it
K&C successfully wins HOA tax appeal Read More »
An association filed a lawsuit against its developer for failing to complete a project to install breakwaters in Lake Erie and form a private beach for the association’s residents. Kaman & Cusimano successfully negotiated a settlement whereby the developer agreed to pay the association its share of the anticipated costs to complete the project.
Successfully obtained a monetary settlement from developer failing to perform work. Read More »
An association filed a lawsuit against its developer as a result of its failure to transfer the common elements to the association. Kaman & Cusimano successfully negotiated a settlement with the developer whereby he transferred to common element parcels to the association and paid all outstanding taxes on the parcels.
An owner within a condominium unit filed a counterclaim in a foreclosure lawsuit alleging that the board acted without authority when imposing special assessments for a multi-million dollar repair project. Kaman & Cusimano successfully argued that the board acted within its rights to impose the special assessments and obtained judgment against the owner for foreclosure
An association discovered various design and construction deficiencies affecting its clubhouse, which led to water infiltration and the formation of mold throughout the building. On the association’s behalf, Kaman & Cusimano commenced a lawsuit against the association’s developer and other subcontractors seeking to recover the cost to repair and replace the defective construction. Kaman &
Nationwide, independent research has confirmed once again that most owners are satisfied overall with their community association. Pollsters IBOPE Zogby conducted their annual community association poll and the results strongly corroborated with those from years past. On a scale of 1–5 (1=very bad; 5=very good), how would you rate your overall experience living in a
Most Owners are Happy With Their Community Association Read More »
Facts – Tenants within an association were engaging in numerous activities, which were supported by various witnesses who documented in detail the nuisances. The owner and tenants tried to claim that the tenants were purchasing the unit under a land contract, which they failed to provide, and therefore could not be evicted from the unit.
Facts – An owner within an association alleged that the association failed to maintain her windows, in violation of the Declaration. The association asserted a counterclaim claiming that it was the unit owner, not the association was responsible to maintain the windows and requested reimbursement of repair costs. Kaman & Cusimano successfully obtained a judgment
Successfully obtained a judgment against an owner for failure to maintain her property Read More »
Facts – Owners within an association allowed their dog to create a nuisance on the property by allowing it to run free, jump on other owners, bark continuously and the owners failed to remove the pet waste. Kaman & Cusimano successfully negotiated a settlement to permanently remove the dog from the property and for the
