A Court in Louisiana recently tackled the issue of short-term rentals (New Jax Condominium Association, Inc. v. Vanderbilt New Orleans, LLC, 219 So.3d 471). A Condominium Association adopted an amendment to its bylaws during its annual meeting prohibiting short term rentals. When a Unit Owner continued to engage in short-term rentals, the Association sued and […]
Banning Short-Term Rentals Read More »
Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.: Pelican Beach Condominium (“Association”) needed a new roof. The Board, after
Association Construction Contracts – What are Risks of that Waiver of Subrogation Term Read More »
Summary The language and definitions in your governing documents reflect the intentions of the Association. You need to either follow them or amend them, but NOT ignore them. Facts Sunnyside Resort Condominiums is a private resort property located on Lake Gogebic in Gogebic County, Michigan, and governed by the Sunnyside Resort Condominium Association, Inc. (SRCA).
Vacant Land Units Can Have a 0% Percentage Interest Read More »
Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”). Developer had acquired the remaining undeveloped portions of the development, other than the common areas. “A construction company affiliated with Developer, Rivers Development, Inc.
You have moved into an association or just got elected to the Board of your association and you are wondering – now what? The answer is simple: you need to at least know what documents you have, what they say, and what they should say. The Question is, “Are the documents that we have –
Condo Association & HOA Documents in Less Than 1 Minute Read More »
You may have read in the most recent CAI Law Reporter that an Association in Maryland was not authorized to suspend use privileges, absent such authority existing in the condominium declaration. Elvaton Towne Condominium Regime II, Inc. v. Rose, No. 33, Sept. Term 2016 (Md. Jun. 23, 2017). The basic facts of the case are
Assess the Situation: What is Considered a “Common Element?” Read More »
First mortgage holders continue to be the largest impediment to Association collections, once unit owners fail to pay. This arises because the bank’s lien is superior to the association’s and therefore most associations decide not to proceed with a foreclosure if the bank has begun its foreclosure. This is true even though banks frequently file
Combating First Mortgages Read More »
Summary Even where homeowners characterize their claims against an Association as civil rights violations, the claims involved in the parties’ rights under the declaration, and the declaration’s attorney’s fees provisions applied. Facts In 2011, David Merritt, a former HOA board member, and his wife, Salma, sued their Sunnyvale HOA, Classics at Fair Oaks (Classics), as
Owners Pay High Price of Litigation Against Association Read More »
Facts Seaside is an 80-acre development in Florida. In the 1980’s the developer recorded declarations for nine separate neighborhood associations. The language in each of the declarations are identical, providing the association with “the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or
Association Can Assign Enforcement Authority to a Manager Read More »
Mental health issues can impact community associations in a myriad of ways. Often Associations become the “reluctant care provider” (owners have no family/next of kin, or the family “dumped” the owner in the Association rather than in a care facility). This can be true of older residents (“aging-in-place”) as well of younger residents. The COVID
Tackling Mental Health and Aging Issues in Your Community Association Read More »
