Association Alert – Community Association Law Blog
A Board of Directors’ Right to Fine for Violations
An owner violates the rules. The Board assesses fines to the unit owner. Will the fines hold up in a court of law? In this ...
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Smoking Ban Was An Unreasonable Request
Davis v. Echo Valley Condominium Association, No. 17-12475 (E.D. Mich. Nov. 7, 2018) Summary The Eastern District of Michigan court held that a smoking ban ...
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Quiet Title Actions
A Milwaukee association took possession of a unit through foreclosure, but could not rent out the unit because of its condition and could not sell ...
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Chapter 13 Bankruptcy – Can the Association’s Lien for Unpaid Assessments be Stripped Off? YES
In New Jersey, the United Stated Bankruptcy Court held in In re. Smiley, 569 B.R. 377 (2017) that a Unit Owner/Debtor can modify the Association’s ...
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Homeowner’s Associations Suing on Behalf of Homeowners Must Abide by Arbitration Provisions
Facts The defendant, Lennar Homes developed Martinique at Oasis, a residential community located in Homestead, Florida comprised of 241 homes. Lennar Homes sold each of ...
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Corporate Transparency Act – Does Your Association Want to Give the U.S. Government $10,000
What is the Corporate Transparency Act? The Corporate Transparency Act (the “CTA”) was enacted by Congress on January 1, 2021 (31 USC 5301, et seq.). The ...
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Driveway Easement and Boat Slips – Expensive Fighting
Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips. Lot 2 was contracted to be ...
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