Recent Court Rulings

Facts: A member of a condo association sued the association’s board of directors for breach of fiduciary duty and intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED) after its delay in repairing common areas damaged her individual unit. The board asked a trial court to dismiss the member’s claims, which it did. The member appealed.

Decision: An Illinois appeals court upheld in part and reversed in part the decision of the trial court.

Facts: A townhome owner refused to pay assessments for four years. The owner claimed that the only entity that had the power to enforce the assessments—the homeowners association formed as a nonprofit corporation in 1981 (1981 Association) when the community was developed—had been dissolved years ago and hadn’t been reinstated, effectively meaning that no assessments on her home could be enforced by any other individual or entity. The current association put a lien on the property and sued the owner.

Facts: A condo owner purchased his unit for use as a vacation property and as a rental unit during those periods when he was at his permanent home in another state. According to the owner, his unit suffered damage during renovations performed by contractors working under the condominium association’s direction. Specifically, the owner asserted that substantial renovations to the exterior of the buildings of the units, including his unit, had to be made due to the association’s failure to properly maintain the common areas of the units.

Facts: Two owners purchased an unimproved lot in a planned residential community. The recorded Declaration of Covenants, Conditions, and Restrictions (CC&Rs) of the association applied to all properties located within it. Several years later, the association filed a complaint alleging that the owners had breached the CC&Rs when developing their lot, but the owners denied any breach. The association asked the district court for a judgment in its favor, which was granted.

Facts: A unit owner sued the association, claiming that it had abused its power by amending and enforcing the rules and regulations concerning the leasing of units, parking, and pet ownership, and authorizing the assessment of late fees for unpaid common area charges. The owner claimed that, as a result, he shouldn’t have to pay late fees for his unpaid common area charges.

Facts: A homeowner in a planned unit development (PUD) refused to pay the required assessments to the PUD. The owner sued the PUD seeking relief from the imposition of dues, fines, and liens filed by the PUD against her property and seeking damages for slander. The PUD sued the owner for unpaid assessments. A district court found that the PUD had the authority to impose assessments against the owner’s property and determined the exact amount owed. The owner appealed.

Decision: The appeals court upheld the lower court’s decision.

Facts: The owner of a home in a gated community was injured during a home invasion. The owner sued the association, which managed, maintained, and controlled the community. She alleged, among other things, that the association’s negligence in failing to maintain adequate security at the two entrance gates of the community was the proximate—that is, direct—cause of her injuries. The association asked a trial court for a judgment in its favor without a trial. The trial court granted the request, and the owner appealed.

Facts: The declaration for a Pennsylvania planned community prohibited swimming pools on individual lots. A homeowner requested that the board consider changing the restriction on swimming pools. The board agreed that the owner could gather additional information regarding applicable city codes, insurance, and liability and present this information to the board.

Facts: When a gated retirement community was developed, it had a variety of recreational amenities, such as an Olympic-sized swimming pool, tennis courts, playgrounds, clubhouses, picnic areas, a marina, lakes, beaches, and a campground. The association was organized to collect dues and assessments from property owners to pay for maintenance of the common areas and amenities. An owner based his decision to buy two homes in the community solely on the recreational activities and the availability of a dock for his pontoon boat.

Facts: An association made a series of complaints against a member because he violated multiple provisions of the association's declaration. Specifically, the violations included the member's storage of logs and trees on his property for commercial use, running a dog breeding business on his property, and maintaining a compost pile that emitted a putrid odor. After the member refused to remedy the violations, the association sued him in district court. The district court ruled in favor of the association, and the member appealed.