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Illinois Supreme Court Reaffirms Forcible Entry Remedy, Reversing in Spanish Court Two Condominium

One of the two most anxiously awaited cases on the Illinois Supreme Court’s civil docket was handed down this morning, and it was a big win for Illinois condominium associations: a sharply divided Court reversed the...more

Federal Court Dismisses FCA Claims Against Bank’s Outside Directors

On January 3, the U.S. District Court for the Northern District of Illinois held that a relator failed to support allegations that the outside directors of a failed bank misrepresented to the FDIC the quality of the bank’s...more

Federal Court Allows FDIC D&O Suit Involving Business Judgment Rule To Proceed

On November 14, the U.S. District Court for the Southern District of West Virginia denied motions to dismiss filed by former officers and directors of a failed federal thrift who allegedly contributed to the bank’s collapse...more

Editorial: Fla.'s 'Safe Harbor' Most Litigators Are Not Familiar With

First mortgage lenders acquiring title to collateral consisting of condominium units or homes in a homeowners community are afforded protection against assessment liability under both the Florida Condominium Act (Chapter 718...more

Weekly Law Resume - August 15, 2013: A Homeowner’s Lawyer May Not Attend HOA Meetings Without HOA Approval

SB Liberty, LLC v. Isla Verde Association, Inc. - Court of Appeal, Fourth Appellate District, Division One (May 22, 2013) - In 2006, Gregg and Janet Short purchased a home in the Isla Verde residential community...more

LPS Mortgage Monitor July 2013 Mortgage Performance Observations

The June Mortgage Monitor report released by Lender Processing Services (NYSE: LPS) found that the nearly 10 percent spike in the national delinquency rate reported in the company’s “First Look” at mortgage performance was...more

Appellate Notes: Week of July 15th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Registration Of Condominium Liens - Time Is Of The Essence

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

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

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

Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

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

Owners' Request For Records - the Lahrkamp Saga Continues

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?

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

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?

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?

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

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)

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

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

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

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

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!

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...

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

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