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Appeals › Condominium Associations

Ward and Smith, P.A.

Recent Case Law Does Not Doom All Rental Restriction Amendments

Ward and Smith, P.A. on

The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association....more

Parker Poe Adams & Bernstein LLP

North Carolina Court of Appeals Refuses to Enforce 'Unreasonable' Amendment to Restrictive Covenant Prohibiting Short-Term Rentals

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The North Carolina Court of Appeals waded into territory that has become increasingly challenging for developers and homeowners' associations (HOAs) to navigate: the regulation of short-term rentals....more

Woods Rogers

A Legislative Fix for Virginia Community Associations After Palisades Park

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The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76...more

Patton Sullivan Brodehl LLP

Court Intervenes to Halt HOA Election Abuse

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Under California law, a homeowners association (HOA) is considered a “quasi-government entity” similar to a municipal government.  And, as courts have noted, “with power, of course, comes the potential for abuse.”...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

Bradley Arant Boult Cummings LLP on

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative...

Fuerst Ittleman David & Joseph on

On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more

White and Williams LLP

Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant

White and Williams LLP on

In Erie Insurance Exchange v. Alba, Rec. No. 190389, 2020 Va. LEXIS 53, the Supreme Court of Virginia considered whether the trial court erred in finding that a condominium association’s property insurance provider waived its...more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

Conn Kavanaugh on

As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Whitman Legal Solutions, LLC

How a Swimming Pool Use Schedule Violated the Fair Housing Act

Whitman Legal Solutions, LLC on

Although it’s unfortunate when young musicians are pigeon holed into instrument selection based upon gender stereotypes rather than individual interest or aptitude, it’s possibly not unlawful. However, most housing management...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

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