Homeowners' Association

News & Analysis as of

Lake Associations Beware: Access Lots Pose Liability Issues

Lake associations often have control of lots which permit lake access by back-lot owners. Those lots are typically undeveloped, overgrown and only sporadically maintained. Most lake associations are managed by volunteers...more

Separate But Not Equal: The New Commercial and Industrial Common Interest Development Statute

Introduction - Since 1986, a single body of law, the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”), has governed both residential and commercial common interest developments. The provisions of...more

Drones And HOAs: How Homeowners Associations And Condominium Associations Can Be Prepared To Deal With The New Technology

Amazon.com’s recent announcement – that in the future it may utilize unmanned drones to deliver packages to individual residences – has created a host of novel legal issues that all homeowners associations should consider and...more

Lender Liability for Assessments in Florida

Foreclosing lenders in Florida frequently take title to properties that are subject to homeowners' and condominium association assessments. Just as frequently, the newly-titled lender is presented with a bill from the...more

Real Property, Financial Services & Title Insurance Case Law Update: December 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES - Homeowners Association: court may consult references commonly relied upon to supply accepted meanings of words not defined in agreement – The Grove at Harbor Hills Homeowners...more

Assessments, Condos vs. Town Homes  [Video]

Chicago Tribune Condo Adviser columnist Howard Dakoff explains why there's not always a one size fits all formula for calculating town home assessments. Howard is a partner in the Community Associations Practice Group of...more

CC&Rs Remain Subject to Statutory Modification

Future legislation may impact current CC&R obligations. In an important decision for all communities, homeowner associations, builders, and developers, the Arizona Court of Appeals recently held that new laws may apply...more

Collections Options Regarding Owners Who Fail To Pay Their Assessments

How should a homeowners association or a condominium association deal with an owner who fails to pay his dues or assessments? There are three main remedies that associations have under Virginia law: (1) file a lawsuit against...more

Trayvon Martin’s Parents Settle Wrongful Death Claim Against Homeowners Association

Trayvon Martin’s parents may have finally begun to find justice for the untimely and nationally publicized death of their 17-year-old son after recently settling a wrongful death claim against the homeowners association of...more

Homeowner and Condominium HOA Collection Policies: Will Your Governing Documents Allow Collection of Past Due Assessments?

Once again the Colorado Legislature has adopted new legislation governing owners' associations, including four bills in the so-called HOA Reform Package that have either gone into effect, or will go into effect January 1,...more

2013 Legislative Changes Affecting Condominiums, Homeowners Associations, Cooperatives And Timeshares

The 2013 Florida Legislature was very busy passing new legislation related to the operation and development of condominiums, homeowners associations, cooperatives and timeshares....more

Weekly Law Resume - August 1, 2013: Homeowners Associations – Equal Access Requirements For Elections

Paul Wittenberg et al. v. Beachwalk Homeowners Association - Court of Appeal, Fourth District (June 26, 2013) - California Civil Code sections 1363.03(a)(1) and (a)(2) require that in an election, homeowners...more

Plaintiff estopped from denying liability for attorneys’ fees

The Plaintiff in this Homeowner’s Association case lived and owned a home within a multi-association community. His neighborhood was governed by a Homeowners Association and the collection of neighborhoods in his community,...more

Burr Alert: Case Summary Of Pulte Home Corp. v. Vermillion Homeowners Association

In a lawsuit alleging construction defects in homeowners’ individual townhomes, Florida's Second District Court of Appeal ruled that a homeowners’ association was bound by arbitration agreements between its members and the...more

California Court Holds That Broker’s Duties to Its Clients Did Not Extend to Loss Payee Investor

In Travelers Property Casualty Company v. Superior Court, 215 Cal.App.4th 561 (2013), the California Court of Appeal held that an investor who obtained ownership of a condominium development and sustained a loss that was not...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

HB 73- Omnibus Legislation - This bill containing 74 pages is a "stripped down" version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the...more

When Does an "Occurrence" Occur?

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures

In recent months, homeowners associations (HOAs) in Nevada have been foreclosing on their liens for delinquent assessments. HOAs are a part of everyday life for homeowners and lenders in Nevada, but the recent trend of HOA...more

Things To Consider When Buying Waterfront Property

It is always a good idea to seek the advice of experienced counsel before purchasing any real estate. In addition to issues raised in connection with any purchase of real estate, the following are particularly relevant if you...more

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction...

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance policies, additional coverage obstacles remain. Consider the “business...more

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

Pets in Condominiums

While many condominium corporations allow pets in the condominium, pet owners who fail to familiarize themselves with the condominium’s restrictions on pets, or who blatantly ignore these restrictions, do so at the risk of...more

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. ...more

Illinois Supreme Court Holds Private Security May Stop and Detain To Enforce Association Rules

Can a homeowners' association private security officer stop and briefly detain a resident who is exceeding the speed limit set for the association's privately owned roads by the Board of Directors? Can the association enforce...more

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