Summary The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the […]
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
When is a Business NOT a Business? Read More »
Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC). Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee. Where the governing documents give the Board/ACC discretion over proposed architectural/exterior changes within the association, what are the limits to that discretionary power? Facts In a
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
Facts The property was subject to a discriminatory restrictive covenant recorded in 1953 that stated: “No race or nationality other than the white race shall use or occupy any building on any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality employed by an owner or
Covenants that Discriminate on Race – ARE STILL A PROBLEM Read More »
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
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
The Language Used in Documents, Amendments and Motions Matters 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 »
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
Architectural Control Committee – Why It’s Needed!!! Read More »
Summary Even where homeowners characterize their claims against an Association as civil rights violations, the claims involved in the parties’ rights under the declaration, and the declaration’s attorney’s fees provisions applied. Facts In 2011, David Merritt, a former HOA board member, and his wife, Salma, sued their Sunnyvale HOA, Classics at Fair Oaks (Classics), as
Owners Pay High Price of Litigation Against Association Read More »
