Recent Court Rulings

Facts: An association sued a member for unpaid common expense assessments, among other fees and charges. The trial court ruled in the association’s favor and awarded damages that were more than what the member owed. After the association informed the court that the member didn’t owe as much, the court reduced the award to several thousand dollars less than the member’s debt. The new award didn’t include late fees the member owed.

Facts: A member noticed a window leak in her two-story penthouse unit. For several years after, the member reported that and other water leakage problems to the association’s board. The association eventually waterproofed the exterior masonry, which resolved the problem. But a dispute arose over the need to replace the unit’s wall of windows and over who should bear the cost of replacement.

Facts: A former homeowner in a planned community sued the association, claiming that it had violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) concerning a walkway built to the house she previously owned and access to the swimming pool and related shower and bathroom facilities by persons in wheelchairs. The owner said that she has a bone disease and an anxiety disorder, but didn’t specify exactly what they are. For the anxiety disorder, she claimed to need a service dog, whose presence reduced her anxiety.

Facts: After a member moved into the unit he purchased in a condo building, he discovered defects including inadequate fire protection, violations of the state energy code, shoddy insulation work, and poor ventilation, among other problems. He requested that the association cure—that is, fix—the defects. When it didn’t, the member sued the association for breach of contract and fraud. The association asked the court to dismiss the member’s claims.

Facts: A renter who used a wheelchair sued a condo association, alleging that the unavailability of handicap-accessible parking in the building violated the Fair Housing Act (FHA). The 40-story building has 342 parking spaces, seven of which are handicap accessible. But the association sold the accessible spaces to members without disabilities.

Facts: In order to use his new motorized wheelchair, a disabled homeowner in a planned community modified his car to transport the wheelchair. Because of the modification, the car no longer fit in the owner’s garage. He asked the architectural review board to approve plans for a larger detached garage that he wanted to build on his property. The board denied the request. The owner resubmitted the request, making it clear that he was asking for a reasonable accommodation under the Fair Housing Act (FHA).

Facts: A condominium board sued a member for allegedly barring the association manager from accessing her unit to make repairs, among other claims. At the trial, the association’s only witness was its manager. He testified that the member had refused to let him into the unit to fix problems that had been discovered by the association. The member asked the court to dismiss the case, arguing that the association presented no proof that she had denied him access. The court agreed that the association lacked proof.

Facts: A condo owner and her neighbor had a disagreement. In retaliation, the neighbor “hid” a ceramic planter that belonged to the owner on a grassy, sloped area away from their units. The grassy area wasn’t intended for use by owners or their guests. While retrieving her planter the owner slipped and fell on the grassy slope, which was waterlogged from a rainstorm the night before. She broke her ankle. She sued the association and its management company.

Facts: A condominium board sued the owners of a condo to foreclose a lien issued for the nonpayment of common charges, and to recover the common charges and fees the owners allegedly owed. The owners counterclaimed, asserting that the board had no right to foreclose. The owners argued, among other things, that they already had overpaid common charges and that the board had “constructively evicted” them.

Facts: A U.S. Air Force veteran lived in a Florida condominium unit for several years before getting a large dog in 2008. Although the homeowners association had a policy against keeping animals that weighed more than 25 pounds, the member agreed to take the dog from a coworker who couldn’t care for it anymore.