Covenants Conditions and Restrictions

This Land Is My Land, this Land is Your Land – Owner Loses Ownership of Land After Denying It Was Part of His Lot

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 […]

This Land Is My Land, this Land is Your Land – Owner Loses Ownership of Land After Denying It Was Part of His Lot Read More »

Architectural Control and your Community Association—Limits on the Discretion of the Board

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

Architectural Control and your Community Association—Limits on the Discretion of the Board Read More »

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

Can Homeowners Sue an Association for Increasing Assessments Where the Association Did Not Receive the Requisite Votes Required? Read More »

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

Wisconsin Condominium and Homeowner Association Owners Need to Follow their Rules Even When they Are Not Recorded. Read More »

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

The Language Used in Documents, Amendments and Motions Matters Read More »

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

Architectural Control Committee – Why It’s Needed!!! Read More »

Owners Pay High Price of Litigation Against Association

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 »