Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues: The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered […]
Declarant Contracts, Including Easements, can be Voided Read More »
An AS IS exculpatory clause in a contract does not automatically relieve a party of any liability, especially where that party committed fraud to obtain the exculpatory clause. The Facts In both of the cases referenced below, the defendant included an as-is clause in a real estate contract. In Frianco the bank defendant (after discovering
AS-IS Clause Does Not Foreclose a Fraud Claim 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 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
HOAs & Riparian Rights-Can I Put a Dock Here? Read More »
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 »
