Facts Plaintiff, Coley, owns a home in an HOA, the Eskaton Village (“Association”). Two other Eskaton named entities (“Eskaton”) develop and support HOAs. A five-member board runs the Association, subject to the Declaration. Eskaton has always controlled three of the five directors on the Association Board because it owns 137 of the 267 units. The […]
Self-Dealing by Director is a Breach of Fiduciary Duty (Case 1) Read More »
Summary A single warranty date applies to each condominium building in a development. Meaning that each unit does not have its own warranty date, and units in different buildings will likely have different warranty dates, unless they happen to be completed on the same date. The Facts Village Lofts Condominium Association consisted of two buildings:
Investigate for Hidden Defects at Turnover or Pay the Price Read More »
Facts Plaintiff, Ms. Carmichael, is on the board of directors of Commerce Towers Condominium (“Association”). On the board with her is Mr. Frese and Mr. Vickers. Mr. Vickers, Mr. Frese and Mr. Tarantino are the officers of the Association. (collectively “Officers”). All three are also the officers of Tarantino Properties, Inc. (the “Management Company”). Carmichael
Self-Dealing by Director is a Breach of Fiduciary Duty (Case 2) Read More »
Summary If your Association excessively fines an owner, expect a court to find a way to penalize the association. The Facts In 2004 Mr. and Mrs. Mills (“Mills”) bought a home in the subdivision called Galyn Manor. In 2007 Galyn Manor began fining Mills for a commercial work vehicle parked in their driveway in violation
Facts: The facts in the case of Forrest v. The Ville St. John Owners’ Association, Inc., No. 2018-CA-0175 (La. Ct. App. Nov. 7, 2018) are straightforward. In March of 2016 there was a fire. It damaged common element and the Forrest unit. The Association had two insurance policies: one for Property and one for Community
Insurance is NOT all the Same-Another Case Proving Why You Need an Insurance Committee Read More »
Facts The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was installed just before the promenade they were riding along crossed a roadway. Mr. Schnurr fell off his bicycle and fractured his neck. He became a quadriplegic as a result of
Condominium Association Liable for Construction Defect it Had a Duty to Maintain Read More »
Wis. Stat. 895.52 and the related cases The starting point for recreational immunity is to understand that the purpose of the law is to induce property owners to open their land for recreational use. Therefore, recreational users are to bear the risk of the recreational activity. Held v. Ackerville Snow Club, 2007 WI App 43,
Recreational Immunity in Wisconsin – What You Need to Know Read More »
Facts The plaintiff, Jody Goldstein, was beaten and robbed, resulting in serious, permanent injuries while staying as a guest at the Chateau Orleans, a combination hotel, timeshare, and condominium facility located in the French Quarter in New Orleans. The defendant, Leisure Management, Ltd. maintained and operated the Chateau. Upon arriving at the Chateau, the plaintiff
Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”). Developer had acquired the remaining undeveloped portions of the development, other than the common areas. “A construction company affiliated with Developer, Rivers Development, Inc.
