Departments

Q Is it true that the vice president of the executive board often chairs the architectural review committee? Could you provide any pros and cons of having a board member serve as a committee chair?

Facts: An association asked the court to declare that some of the leases executed by its members were void. The complaint asserted that the leases violated leasing restrictions of the association's bylaws. The members then countersued, asking the court to declare that the restrictions were invalid.

The trial court denied the association's request to dismiss the member's counterclaim and declared that the leases were not void. The association appealed.

Ruling: A New York appeals court agreed with the trial court's ruling.

Facts: A condominium member asked the court to remove a lien for unpaid assessments filed by the association. At issue was whether the owner was liable for condominium assessments from the date of the unit's purchase at a tax sale through the date the owner's right to redeem the property expired. The trial court ruled for the condo association for the amount of unpaid assessments as well as reasonable attorney fees actually incurred. When the member appealed, the association asked the trial court for attorney fees incurred in defending a judgment on appeal.

Facts: A Colorado condominium association proposed a renovation project that included creating and selling two new condominium units. The association members voted unanimously to build and sell the two new units, and the members agreed that the new units would be offered for sale through a private auction to the members first.

Facts: A member sued her homeowners association and the association's management company for fraud, unfair business practices, and intentional infliction of emotional distress. The member alleged that the association manager had secretly diverted her assessment payments, recorded a false assessment lien claiming the member failed to pay approximately $4,300 in assessments, and made false entries in the association's books that no assessment payments from the member had been received.

Facts: A guest sued a condo association for injuries sustained in the association's parking lot. The accident occurred while she was attempting to help a physically disabled friend stand up from the ground after he allegedly slipped due to the presence of ice. As the guest was assisting her friend to his feet, he allegedly slipped on the ice again and fell on top of her, causing injuries.

Members at a Florida condominium community violated federal housing law by refusing to rent units to tenants with children, according to a lawsuit filed by Fair Housing Center of the Greater Palm Beaches.

The nonprofit group sued the association, the former president of the association, and a member. The member had placed an ad on craigslist offering her two-bedroom unit for rent. “Sorry no kids,” the ad read.

Facts: A fire that started in one condominium unit spread to adjoining units, causing substantial fire and smoke damage. The insurer made payments to the association that covered damages to certain structural elements of the building, but did not cover individual members' damage to the interior of their units. Both parties argued over the extent of property coverage required by the association's governing documents. A trial court ruled in favor of the members, and the insurer appealed.

Facts: When a couple decided to construct an addition to their home, they met with a member of the association's architectural review committee. The committee member told them that the adjustments that they wanted to make were not in compliance with the rear setback provision established in the governing documents.

Facts: A homeowner association sued the developer of the community to require it to restore the community's golf course. The community was marketed to prospective purchasers as a golf course community. The presence of the golf course was essential to the members' decisions to purchase, and the golf course enhanced the value of their property. After a problem with the irrigation system, the grass died, and the golf course was closed.