Business Organization, Civil Procedure, Residential Real Estate

Registration Of Condominium Liens - Time Is Of The Essence

by Barbara Holmes | Heenan Blaikie LLP on 5/8/2013

In a recent case, YCC No. 82 v. Bujold, the Court of Appeal considered the interpretation of Section 85 of the Condominium Act (the “Act”) and, in particular, the timing requirements under the Act relating to notice of the...more

Court Of Appeal Makes Condominium Association Foreclosures More Costly

by Scott Wagner | Bilzin Sumberg Baena Price & Axelrod LLP on 5/6/2013

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia...more

Directors Found To Be In Contempt Ordered To Pay $96,000 In Legal Fees

by Rod Escayola | Heenan Blaikie LLP on 5/2/2013

We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. ...more

Directors Found To Be In Contempt Of A Court Order

by Rod Escayola | Heenan Blaikie LLP on 3/18/2013

In a previous post, we reported on the Boily v. CCC 145 case, where a board of directors was ordered to reinstate the prior landscape of the condominium courtyard and to personally pay a substantial portion of the legal...more

Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

by Kirk Jenkins | Sedgwick LLP on 2/1/2013

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In...more

Notice Of Lis Pendens based On An Unrecorded Document And The “Fair Nexus” Requirement

by Schecter Law on 1/30/2013

A notice of lis pendens is only proper where there is a sufficient link between a cause of action and either legal or equitable ownership of a particular property if the cause of action is based on an unrecorded document....more

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

by Schecter Law on 1/14/2013

In Ibis Lakes Homeowners Ass'n, Inc. v. Ibis Isle Homeowners Ass'n, Inc., 4D12-1273 (Fla. 4th DCA, Dec. 12, 2012), Ibis Lakes Homeowners Association, Inc. (“Plaintiff”) sought review of a non-final order of the trial court...more

Owners' Request For Records - the Lahrkamp Saga Continues

by Barbara Holmes | Heenan Blaikie LLP on 1/10/2013

Another follow-up to our previous posts on “Owners Requests for Records”. As we previously posted, the Court agreed to vary its original order that the Corporation provide access to Mr.Lahrkamp to proxies and ballots by...more

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

by Shawn Pulver | Heenan Blaikie LLP on 1/7/2013

We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more

Condominium Case Review for 2012

by Barbara Holmes | Heenan Blaikie LLP on 12/19/2012

As we’re quickly approaching a new year, we’ve taken a look back at the condominium cases that were reported in 2012. As usual, its been an interesting year and for many on the losing side of these court decisions (and...more

Is FDIC v. Van Dellem California’s Smith v. Van Gorkom?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 12/11/2012

Last Friday, the jury in FDIC v. Van Dellem (C.D. Cal. Case No. CV 10-4915 DSF (SHx)) returned a verdict totalling nearly $169 million against three former officers of the home builder division of IndyMac Bank, F.S.B. The...more

Does the Limitations Act Apply to Breaches of the Condominium Act?

by Heenan Blaikie LLP on 11/1/2012

In a recent decision of the Ontario Superior Court, an owner who modified an exclusive use common element without authorization was found to have breached the Condominium Act. Furthermore, the Limitations Act – which...more

MoFo New York Tax Insights - Volume 3, Issue 11 - November 2012

by Morrison & Foerster LLP on 11/1/2012

In This Issue: Appellate Court Holds “Reconstitution” of Housing Cooperative Is Not Subject to City Transfer Tax; Trial Court Upholds Retroactive Application of 2010 Statutory Amendment; Tribunal Holds S Corporation...more

Opinion Letters – Do's and Don'ts (Ethics, Professionalism and Malpractice Avoidance)

by Nexsen Pruet, PLLC on 9/27/2012

Originally published in Volume 34; Number 1 - Real Property e-newsletter, The Official Publication of the Real Property Section of the North Carolina Bar Association - September 2012. This article contains practical...more

The Rules of Operational Risk

by Jonathan Foxx on 6/15/2012

IN THIS ARTICLE Framework Controlling Credit Risk Four Basic Rules Six Even More Basic Rules Articles and Newsletters __________________________________________ Framework First and foremost, compliance decisions...more

Corporate and Financial Weekly Digest - June 8, 2012

by Katten Muchin Rosenman LLP on 6/11/2012

In this issue: - Banking Regulators Propose Basel III Capital Rules - NFA Reminds Members of BSA Electronic Filing Requirements - IOSCO Publishes Final Derivatives Market Intermediary Report - Delaware...more

Jumping Into the Future: New Jersey’s New Recording Law

by Robert Marsico on 5/16/2012

Jumping Into the Future: New Jersey’s New Recording Law by Bob Marsico on May 16, 2012 Early in 2012, the State of New Jersey took a significant step into the future by adopting a thorough update of the state’s decades...more

Weekly Law Resume - April 19, 2012: Homeowners Associations – Modification of Supermajority Voting Requirement

by Low, Ball & Lynch on 5/7/2012

Quail Lakes Owners Association v. Vladimir F. Kozina Court of Appeal, Third District (March 8, 2012) Many homeowners associations were founded with rules that require a “supermajority” (typically more than 2/3 of the...more

Assessment Appeal Deadline - March 31ST - Don't Miss It!

by Heenan Blaikie LLP on 3/26/2012

All residential condominium corporations that have guest suites, gatehouse units, recreational units, service units, or other units that are owned by the Corporation should be checking the property tax assessments for these...more

Florida Court Expands Homeowner Association Implied Warranties: HB1013 and SB 1196 Help Florida Developers By Holding Implied...

by Rosa Eckstein Schechter on 2/23/2012

Florida developers and Florida real estate investors are monitoring not only what happens on appeal in the case of Lakeview Reserve HOA vs. Maronda Homes but also what the Florida Legislature is doing with HB 1013 and its...more

Party Who Pursues Litigation to Enforce CC&Rs Needs to "Get Ducks in a Row" Prior to Suing

by Barger & Wolen on 1/19/2012

In Salehi v. Surfside III Condominium Owners’ Association, 2011 DJDAR 16552 (2011), the California Court of Appeal for the Second Appellate District decided a case illustrating the pitfalls of a plaintiff pursuing litigation...more

Construction OberView: Condo Unit Owners Have Right of Action Against Council of Unit Owners for Failing to File Timely Suit...

by Ober|Kaler on 1/9/2012

The Maryland Court of Special Appeals has recognized a cause of action by individual condominium unit owners where the council of unit owners has failed to take timely legal action against the project’s developer to address...more

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Business Organization › Civil Procedure › Residential Real Estate