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Condo | HOA Lawyers

Declaratory Judgment

Tenants Due Process Rights are NOT the same as Owners Rights

Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019) Summary In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The […]

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What Happens When All Committee Members Resign, Refuse to Act or Move?

This issue arises more than one might suspect. Because of association apathy, many committees go unfilled and often even boards don’t have members.  The results of this apathy could be much different than you would expect. Facts.  In a 2017 case, the relevant property “was subject to a 1996 restrictive covenant that required the approval

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Amendments to Condominium Documents MUST be Reasonable to be Valid

Facts In 2016, a Master Association adopted seven amendments to its declaration.  The amendments addressed the Master Association’s authority to approve proposed uses of certain buildings, increased assessments on them, and imposed additional restrictions on those buildings’ tenants.  In response, the building’s prior owner (“Building Owner”) filed suit against the Master Association and eight individual

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Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable

Facts The parties to this suit both reside in a condominium association.  Each party owns a unit, and each has parking spaces.  The dispute is over the fact that when the Grudziecki parks their car in their parking spot, even within the lines, it is difficult, if not impossible, to access the ramp to the

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Developer Liable for Assessments on Unconstructed Units

Facts Developer recorded a Declaration in 2001 for the 260 Jamie Lane Condominium Association (“Association”) consisting of nine units in what seemed to be one building, with an allocation of the percentage interests based on the square feet of each unit.  Like most Declarations, it provided that “[e]ach Unit Owner shall pay his proportionate share

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Stuck with the Tab: Initiating Suit Over “Common Elements” Without Association Approval can Lead to Unit Owners Covering Unexpected Attorney Fees

IMPRESSION: Unit owners who initiate litigation over common elements do not necessarily recoup attorney fees from the association—even when their lawsuit is successful, and benefits the association as a whole. DETAILS: A shared sewer system in Adams County, Wisconsin, was the focus of a recent dispute between the Sunset Condominiums at Northern Bay Owners Association

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