Recent Court Rulings

Facts: A member sued a condominium association and its managing agent for negligence for failing to maintain and repair the association's sewer pipes in the common areas. Since 1999, the member experienced repeated plumbing backups in his unit. In 2003, the member wrote a letter to the board complaining of the persistent problem and reported that the plumber who responded to the latest call had recommended annual maintenance of the drain lines serving the building.

Facts: A condominium association asked a court to declare that a member was in violation of the condominium's governing documents and community rules for having a dog. The house rule, made by the board, states, “Positively no pets are allowed in the building for any reason.”

Facts: A condominium development consists of two sections. In 2000, the association decided to replace the wooden enclosure fences in the first section with vinyl fencing. Upon learning that the association intended to replace the fences in only the first section, a member in the second section contacted the management office and requested that her fence be replaced as well.

Facts: A member sued the association and the management company for racial discrimination. She claimed that the association failed to take action on complaints she filed against neighbors from 2003 to 2007. These were mainly complaints against neighbors for having a home-based welding business and for unsightly conditions, structures, and objects, even though she was cited for having a religious cross displayed on her property.

Facts: When a member arrived home after being gone for two days, he slipped on a puddle of water that had accumulated on his kitchen floor and he broke his wrist. The puddle of water had come from his sink, which had overflowed due to a sludge blockage in the building's drainage line. There is no dispute that maintenance of the drainage line was the responsibility of the condominium association.

Facts: A member with a hearing disability sued an association for allegedly failing to provide reasonable accommodations that would allow her to communicate effectively during meetings. The member requires some form of accommodation to participate in certain community events.

Facts: A member operates a landscaping company. The association distributed a request for estimates for lawn care services on the community's common areas for the following spring, summer, and fall seasons. In response, the member submitted an estimate of $5,180. Although the member and the association never executed a formal written contract, the member performed certain lawn care services for the association.

Facts: A 73-year-old member died while swimming in a circular pattern at the community's indoor pool, which ranged in depth from three to five feet. At the midpoint of the pool, she began to struggle and went completely underwater and drowned. The incident was documented on the association's surveillance camera footage.

Facts: In 2006, an association contracted with a roofing company to replace all the condominium building roofs in its community. The roofs had sustained hail damage and were leaking. The company performed the work, addressing the problem not by replacing the existing roofs, but by building metal roofs directly over the existing ones. However, the newly installed roofs began to leak, causing interior water damage.

Facts: A condo association filed a construction defect lawsuit against its developer. The developer asked the court to move the lawsuit out of court and order the association to arbitrate the claim. Arbitration, a form of alternative dispute resolution, is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons or “arbitrators” by whose decision they agree to be bound.