Facts The parties to this suit both reside in a condominium association. Each party owns a unit, and each has parking spaces. The dispute is over the fact that when the Grudziecki parks their car in their parking spot, even within the lines, it is difficult, if not impossible, to access the ramp to the […]
Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable Read More »
Facts Plaintiffs are property owners in what were originally three separate planned communities known as Mystic Lands. Defendants are the developer/declarant and its sole shareholder, Shinitzky. In October of 2006 the Plaintiff and his wife entered into a contract with declarant to purchase Lot 28 in Mystic Ridge. The Property Information Sheet stated “the streets
Developers/Declarants Breached Contract by Failing to Pave Roads Read More »
Problem & Facts The association’s detention pond overflowed causing damages to property downhill from the pond. The developer built the detention pond in 2007. The owner of the downhill property (who bought in 2012) sued the association in 2013 for damages in excess of $300,000. (Kowalski v. TOA PA V, L.P. and Traditions of Amercia
Why You Must Hire an Engineer at Turnover Read More »
Issue When association documents require funds from owners to be applied in a certain order, can a unit owner alter how the funds are applied by writing in the memo portion of a check that it is for the monthly assessment only? The Answer, at least in this Ohio case, is “No.”
Court Upholds Association Decision to Return Checks Containing Restrictive Language Read More »
Declarant/Developers of Community Associations love to reserve themselves rights within the Declaration that extend far beyond their Declarant control powers. This is nothing new. But when a Homeowners Association puts it foot down, who will end up on top? It depends on how all the sections in the Declaration read together, and as this case
Post-Turnover Declarant Rights? Think Again…This One has a Happy Ending for the HOA Read More »
Does your condominium association or HOA sign contracts for vendor services? Who does the contract protect – the vendor or the association? What you need to know about condo association and HOA vendor contracts in less than a minute. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
Association Contracts in Less Than 1 Minute Read More »
Facts Developer subjected property to the condominium act in Massachusetts in 2008. By the terms of the deed, it included all the “land and improvements at the property…” There were to be six wings and up to 109 units built over a period of seven years. When the deed was recorded, 33 units had already
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 »
