Summary Declarant owned nine of 10 units, controlled the board and association, failed to have an association bank account, intermingled the assessments that were paid into his business account, never held elections or annual meetings and kept no separate corporate records. Yet, the Court held that these failures could not be used as an excuse […]
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 »
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 »
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
Facts Seaside is an 80-acre development in Florida. In the 1980’s the developer recorded declarations for nine separate neighborhood associations. The language in each of the declarations are identical, providing the association with “the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or
Association Can Assign Enforcement Authority to a Manager Read More »
