Facts David Bagwell was the developer of three homeowners’ associations (HOAs). David and his wife Susan (the Bagwells), acted as directors of each of the HOAs. Sister Initiative, LLC (the LLC) loaned money to the HOAs and was owned by Bagwells’ daughters. Susan Bagwell was the manager of the LLC. The Bagwells also owned several […]
Association NOT Liable for Loans Made By Developer Related Entity Read More »
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
Developer Liable for Assessments on Unconstructed Units 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
