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Office of the Comptroller of the Currency’s Minimum Standards for Prioritization and Handling Borrower Files Subject to Imminent...

Office of the Comptroller of the Currency’s Minimum Standards for Prioritization and Handling Borrower Files Subject to Imminent Foreclosure Sale for all OCC Regulated Banks. The OCC guidance is significant because it...more

Senator Elizabeth Warren's May 14, 2013 letter to Ben Bernanke, Eric Holder, & Mary Jo White

Senator Elizabeth Warren's May 14, 2013 letter to The Board of Governors of the Federal Reserve System, U.S. Department of Justice...

Senator Elizabeth Warren Pushes Feds For Answer On Big Bank Enforcement WASHINGTON — Sen. Elizabeth Warren (D-Mass.) raised the stakes of her quest to find out why a single Wall Street bank has not been prosecuted in the...more

Court Of Appeal Makes Condominium Association Foreclosures More Costly

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

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

Condo Alert: Sheave Jammer Settlement Funds -- March 29th, 2013 Deadline

In 2006, the Technical Standards and Safety Authority (TSSA) ordered that all elevator sheave jammers manufactured or installed by ThyssenKrupp be replaced. Many Condominium Corporations were affected by this order and had to...more

Directors Found To Be In Contempt Of A Court Order

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

Noise Complaints In Condos : The Perils Of Failing To Enforce Condo Rules

Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting...more

Turnabout Is Fair Play: Homeowners Association Forecloses On Bank

A recent report entitled, "Florida Homeowners Foreclose On Deadbeat Banks", provides an interesting and unusual commentary on one effect of the on-going "soft" real estate market, especially for an "REO" property which the...more

Condominium Case Review for 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

The Condo Report: Special Edition - All about pets in condominiums

TABLE OF CONTENTS: - 1 Pet Restrictions in Condominiums - 4 Condo Pet Eviction - 5 Another Condo Pet Eviction - 6 Enforcement of Pet Rules – Something New! - 7 Nuisance Pets in Condominiums – It’s not the Dog’s...more

Should violent Condo Owners be forced to sell and leave?

In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and inappropriate conduct towards...more

Court Declares Lien Against Condo Unit Invalid

In a recent case, Pearson v. CCC No.178, the court considered whether a condominium corporation could recover as common expenses the legal costs it incurred for legal advice related to the defence of Small Claims Court...more

Condo Directors Held Personally Liable for Legal Costs - A Follow-up

In response to our recent post on the case of Boily v. Carleton Condominium Corp. No. 145, where board directors were held by a court to be personally responsible for legal costs incurred by a group of owners, one of our...more

Another Condo Pet Eviction

Pet owners in condominiums who fail to familiarize themselves with the condominium’s restrictions on pets, or who blatantly ignore these restrictions, do so at the risk of having a court order that the pet be permanently...more

Condominium and New Home Warranties and Rights of Action

Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more

Condominium Owners' Right to Sue Developer for Common Element Deficiencies

Section 23(1) of the Condominium Act (the “Act”) empowers a condominium corporation to sue on its own behalf and on behalf of all unit owners in respect of damage to the common elements. In the case of 1420041 Ontario Inc. v....more

Condo Directors Held Personally Liable For Legal Costs

The Condominium Act (the “Act”) has several provisions (sections 85, 134(5) and 135(3) which place the financial burden of obtaining compliance orders on those responsible for the non-compliance, thus relieving innocent...more

When Can Private Security Stop and Detain?

Today we begin a new feature for Appellate Strategist -- detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature...more

Rogers Towers: Defending Mortgage Lenders Against Attorney’s Fees Claims by Condominium Associations

Lenders foreclosing mortgages in Florida frequently encounter claims by condominium associations for past due assessments. Increasingly, those entities are extending their claims in attempts to recover attorney’s fees and...more

Perils of Refusing to Mediate

Section 132(4) of the Condominium Act (the “Act”) provides that every declaration shall be deemed to contain a provision that the corporation and owners agree to submit a disagreement with respect to the declaration, by-laws...more

Who is responsible to repair and pay for flood damage in a condominium unit?

We were recently asked to provide advice following a flood in a condominium unit. The condominium corporation was surprised to hear that it may have the obligation to repair the unit despite the fact that the damage was...more

Unsuccessful Oppression Claim by Condo Owner

In a recent case, Hakim and Kayyali v. Toronto Standard Condominium Corporation No. 1737, the court considered the unit owner's claim that the condominium corporation's efforts to have the unit owner comply with...more

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

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

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

Court-Appointed administrators (Part Two)

In my recent blog posting, I discussed the factors that courts will consider before setting aside an elected condominium board of directors to impose a court-appointed administrator. Below are some examples where the...more