Category: Recent Successes
Successfully obtained a monetary settlement from developer failing to perform work.
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 ...
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K&C obtains settlement where the developer agrees to convey all common element roads and open spaces to the HOA
An association filed a lawsuit against its developer as a result of its failure to transfer the common elements to the association. Kaman & Cusimano ...
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K&C obtained judgment against an owner who disputing the association’s right to impose special assessments
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 ...
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Successfully resolved a lawsuit against a developer for construction deficiencies in the Association’s clubhouse.
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 ...
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Successfully obtained a judgment against tenants to vacate the property due to nuisance activities
Facts – Tenants within an association were engaging in numerous activities, which were supported by various witnesses who documented in detail the nuisances. The owner ...
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Successfully obtained a judgment against an owner for failure to maintain her property
Facts – An owner within an association alleged that the association failed to maintain her windows, in violation of the Declaration. The association asserted a ...
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Successfully negotiated settlement seeking the removal of a dog from the property and recovery of legal fees
Facts – Owners within an association allowed their dog to create a nuisance on the property by allowing it to run free, jump on other ...
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Successfully defended a civil rights complaint filed by a tenant alleging that the association failed to accommodate her disability.
Facts – A tenant within an association alleged that the association was using paints and chemicals which aggravated her environmental sensitivities disability. The tenant requested ...
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Successfully argued in the Court of Appeals that an owner was prohibited from making modifications to the common elements and that the association was entitled to an award of legal fees.
Facts – An owner within an association filed an appeal of a trial court’s decision claiming that she was permitted to make modifications to the ...
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Successfully obtained judgment against an owner to allow the association access to his home for maintenance and repairs.
Facts – A home owner refused to provide the association and its contractors with access during a window and siding project. The association requested that ...
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