Association Can Adopt Architectural Guidelines
While many states have strong protections for private property, Associations can adopt architectural guidelines.
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CC&R’s
Chickens and Covenants
You read that right. Chickens. Are they pets or are they poultry? Depends what your governing documents say.
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How to Turn $147 into $10,000 – the WRONG Way
Castilian Hills Homeowners Association v. Chaffins, (Wash. Ct. App. Oct. 22, 2018) The Facts Homeowner bought home in 2004. In 2016, the homeowner failed to pay his $147 assessment. The homeowners association (“HOA”) assessed a $20 late fee. The homeowner still did not pay, despite the normal language in the HOA governing documents about interest,
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When is a Business NOT a Business?
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
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Association’s Vested Discretion in Declaring an Aggressive Dog a Nuisance
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
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Can Homeowners Sue an Association for Increasing Assessments Where the Association Did Not Receive the Requisite Votes Required?
Facts Diane Steele owned a home in the Diamond Farm development, which was managed by the Association. While in accordance with the Association’s declaration of covenants, conditions and restrictions, the Association must obtain at least two-thirds of the members’ total votes to increase annual assessments, assessment increases in 2007, 2011, and 2014 did not receive
Wisconsin Condominium and Homeowner Association Owners Need to Follow their Rules Even When they Are Not Recorded.
Facts When you are headed down the wrong path – TURN BACK. This applies to owners and associations when they act on their belief of what their documents say, but then learn that their understanding may be wrong. Often parties who make a mistake, or learn that they might have made a mistake, refuse to
The Language Used in Documents, Amendments and Motions Matters
Summary Your Association should ensure that the language and definitions in governing documents reflect the intentions of the Association. If they don’t, amend them, don’t just pretend they say something they don’t say Facts Sunburst Farms East (the “Association”) is a residential community consisting of four sections with individual lots (Sections 2, 3, 4, and
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HOAs & Riparian Rights-Can I Put a Dock Here?
Facts The dispute in this case centered on what rights owners of lots that did not have frontage on a lake (“Non-Lake Lot Owners”) had to place a dock in the lake based on the restrictive rights for their homeowner’s association (“HOA”) which were recorded in 1922. The HOA consisted of 146 lots. All Non-Lake
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Architectural Control Committee – Why It’s Needed!!!
Problem What do you do if you want a detached garage but your documents don’t allow it? Facts Plaintiffs sought to enjoin the construction of a detached garage in their association on the grounds that it was specifically prohibited by the declaration. However, the declaration provided a procedure for review of any proposed structure that
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