Facts David Bagwell was the developer of three homeowners’ associations (HOAs). David and his wife Susan (the Bagwells), acted as directors of each of the HOAs. Sister Initiative, LLC (the LLC) loaned money to the HOAs and was owned by Bagwells’ daughters. Susan Bagwell was the manager of the LLC. The Bagwells also owned several […]
Association NOT Liable for Loans Made By Developer Related Entity Read More »
Is an Association liable if it did light the subdivision on private property?
Association Not Liable for Injuries from Accident on Owner’s Lot Read More »
Eith v. Ketelhut, — Cal.Reptr.3d — (2018) The Facts Homeowner bought home in 2003. In 2005 they planted a vineyard consisting of 600 plants on around .4 acres after obtaining approval of the Board’s Architectural Committee to their landscape plan that included the grape vines. The CC&R’s (Covenants Conditions and Restrictions) specifically prohibited that “No
When is a Business NOT a Business? Read More »
Summary Each owner of a lot in a planned community with multiple subdivisions was required to be a member of the master association – Holly Lake Ranch Association (HLRA). Some of the owners voted to amend their particular subdivision’s respective deed restrictions. The effect of which was to add a voting requirement for assessments, mandatory
Facts The Spagenskis (“the Homeowners”) lived in a community in San Diego County with their German shepherd Kato. The community was governed by Sunset Greens Homeowners Association (the “Association”) in accordance with a declaration of covenants, conditions, and restrictions (“CC&R’s”). From February 2019 to May 2019, Kato attacked three dogs in the community. In the
Association’s Vested Discretion in Declaring an Aggressive Dog a Nuisance Read More »
Facts Plaintiffs were two owners (Maples and Brown) at Compass Harbor Village Condominium Association in Maine (the “Association”) who had purchased their respective units sometime in 2007. The Declarant was an LLC that held more than 50% of the votes (15 of the 24 units) and therefore controlled the board. For many years the Association
Failing to Maintain and Properly Collect Assessments is a Breach of Fiduciary Duties Read More »
Facts Defendant, Acacia on the Green (“Association”), is a 273-unit condominium in Ohio. The Association has a common grilling area because the Association bans grills on patios and balconies because of, among other things, the fire code. Weiss and Phillips, two Unit Owners, wanted grills on their patios: Weiss asked for a grill and demanded
Everyone who deals with emotional support animals is well aware that the Federal Housing Administration (FHA) construes the law very favorably toward the person alleging a need for the animal.
Prohibiting an Emotional Support Animal BEFORE it Bites Someone? Read More »
Yes, developers can be lazy, greedy good for nothing con-artists. Developers can also adversely affect the rights of an association by simply doing nothing. Specifically, a developer (owner of the property and declarant of the association) with knowledge of construction defects can prevent the association and/or unit owners, after turnover, from potentially suing the contractor
Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019) Summary In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The
Tenants Due Process Rights are NOT the same as Owners Rights Read More »
