Articles

There are times when members may want to make modifications to their homes. In these instances, the concern for associations is that these changes may affect the harmonious design of a community, decrease property values, and increase liability. For example, low-quality construction can drive down property values, increase the premiums on your community's liability insurance, or even render important warranties void. Some types of work, such as a new roof deck, if not done right, can lead to injuries and increase your community's exposure to personal injury liability.

Facts: A condominium association brought a foreclosure action against a member for unpaid maintenance fees and assessments. The member had purchased two condominium units in the building and had added an internal stairway to connect the two units. The units retained their separate addresses, and the upper unit had no loan recorded for it.

Facts: A member sued his condominium association for negligence for failing to pursue a claim on his behalf under the association's flood insurance policy. The member owned a basement condominium unit. The association held a flood insurance policy on the building, and the member held a separate, secondary flood insurance policy on the condominium. The member's policy contained a clause stating that it provided building coverage for flood-related damage in excess of the policy issued to the association.

Facts: A condominium association signed three service agreements with a company that provided management, security, and property services. According to the contracts, the company was to provide standard residential cleaning, maintenance, and concierge services to all common areas.

When the association did not pay the company, the company filed a lien against the association and more than 100 condominium units. The trial court granted a judgment without a trial in the company's favor and foreclosed on the lien.

Creating positive curb appeal is essential to maintain or even increase property values in your community. Positive curb appeal can create happier members who get more profit for their investment, as well as an improved profile for the building or association as a whole. Due to the importance of first impressions, you may think that an expansive, rolling green lawn contributes to your community's overall attractiveness, but maintaining it probably puts a huge dent in your operating budget.

After 15 years of police efforts to find a pesky tire slasher, members of a community in Hyde Park, Texas, are taking matters into their own hands. Hyde Park Homeowners Association members agreed recently to spend $10,000 on high-definition cameras to help police catch the suspect, who members say is a homeless man. Austin police said they have also been tracking a man for 15 years, whom they've arrested from time to time for petty misdemeanors in the area, but no one has caught him in the act of puncturing tires. The number of punctured tires is up to 80 a month.

Facts: The president of a condominium association and her father, the association manager, sued a group of members for defamation. The president alleged that the members conspired to remove her from the board. The complaint alleged that from August 2006 until May 2007, the members maliciously made false and defamatory statements about her and her father to other condominium owners in the building. The complaint further alleged that “throughout 2006 and 2007, defendants continued to make false and defamatory statements.”

Facts: A developer purchased 418 apartments, common areas, and common facilities in 2004 and converted the apartments to condominiums in 2005. In the course of making the property a condominium project, the developer recorded governing documents that required that the homeowners association arbitrate any construction defect claim the association might have against the developer. The governing documents provided that the association came into existence upon the sale of the first condominium.

Facts: A member sued the condo association, the management company, and the association's landscape contractor for negligence. The member alleges that the landscaper negligently and carelessly spread and blew mulch near the member's condominium. As a result, dust from the mulch accumulated in the condominium, aggravating the member's preexisting chronic obstructive pulmonary disease condition.

Facts: A Florida condominium community was damaged by a hurricane. However, its insurer's estimate of damages didn't exceed the deductible for the property, so the insurer made no payment to the association.