Recent Court Rulings

Facts: A member was assigned a parking space in an association's covered garage after he purchased his condominium in 1979. A few years later, the member purchased another parking space in the garage. Then in 1993, the member received a letter from the association informing him that his assigned parking space would be converted to a guest space.

Facts: A member sued her association for wrongful foreclosure. Beginning in January 2007, the member stopped paying her monthly assessment. In August of that year, after giving the member notice of default, the association conducted a nonjudicial foreclosure on her condominium and then sold the property.

Facts: A condominium community's units were developed in several different styles. Some were built with two stories and others with one. Over time, several owners asked the board for permission to build second-story additions to their one-story units, and the board liberally granted permission.

Facts: A condominium association raised its monthly assessment. A member continued to pay the old amount, claiming that he was not notified that the condominium's board of directors had approved the increase.

Facts: A townhouse community charges its members an annual assessment. Since 1974, the assessment has increased three times. For a few years, some members did not paid their assessment because they believed that an increase imposed in 2002 was not valid. As a result of nonpayment, the association filed a lien on the members' properties and pursued foreclosure for a money judgment.

Facts: An association's architectural committee is charged with reviewing plans for any improvement within the community to ensure that they comply with the governing documents and are in harmony with neighboring buildings. Once the plans are approved by the committee, actual construction of any improvements is required to comply strictly with the approved plans.

Facts: A group of members sued the board and a wireless telephone company to invalidate a lease contract between them and to prevent the company from constructing and erecting cellular telephone antennas and related wireless communications equipment on the roof of the condominium.

Facts: A management company sued an association for failing to pay management fees and reimbursements for property repairs. During the course of their relationship, the board began to suspect that the management company was accepting money for repairs that never occurred. The association terminated its contract with the company.

Facts: A member failed to pay his $200 monthly assessment because he felt the association was not properly handling his complaints involving water, rodent, and trash issues. The association's board of directors' secretary contacted the association manager and asked him to call the member to resolve the member's issues. The manager called the member while he was at work.

Facts: According to an association's bylaws, a member cannot stand for election for the board of directors at the annual meeting if the member is engaged in litigation, arbitration, or mediation against the association.