Recent Court Rulings

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.

Facts: A dispute arose between a member and her neighbors regarding access to the member's air conditioning unit for servicing through a trapdoor in a fence separating their two properties. As the dispute intensified, the neighbors circulated two letters to other members of the association to have the member removed from the association's board of directors. The letters accused the director of abusing her position as chair of the architecture and landscape committee and lying to other members of the board.

Facts: A Washington condominium association sued the limited liability company that developed the condominium for construction defects. However, after the building was completed, the company ceased active operations and did not pay license fees or file reports as required by law. Eventually, the secretary of state administratively dissolved the company.

Facts: In a rural California homeowners association with 16 members, one member witnessed two dogs attack his pet goat. He chased them off and followed them to their owner's house. The member told other members in the area, including the association president, about the attack.

Facts: An Ohio condominium association adopted an amendment to its governing documents that reduced the number of rental units allowed in the community. A group of owners filed for a court declaration, alleging that the amendment was invalid because it affected the fundamental purpose of the owner's unit. They argued that according to the governing documents, 100 percent of the members had to approve it rather than the 75 percent who did, because the amendment affected a fundamental purpose of a condominium unit.

Facts: An association member enlarged his front stoop and the back patio of his townhouse in violation of the governing documents. The association fined him $500, ordered him to restore his property to its original condition, and suspended his voting rights as a member of its board of directors for 60 days.

Facts: A member sued his condominium association to compel the association to make repairs to the common area to prevent water intrusion and flooding into the lower level of the member's condominium. During a period of heavy rainfall, there was standing water in the member's condominium.

Facts: A member sued to have a court declare whether a parking rule approved by the association's board of directors was valid and enforceable. The board passed a rule prohibiting members from parking anything but a single motorized vehicle in a member's assigned parking space. The member testified that he was using his assigned parking space to park a motor vehicle and a motorcycle, and he claimed that the rule was passed solely to eliminate his parking arrangement.

Ruling: The trial court ruled for the association.

Facts: A condominium association's declaration that established the association contained no restriction regarding rental of the units. Many years later, the association amended the bylaws to prohibit rentals of condominium units. One of the owners leased her condominium unit over the association's objection, claiming that the rental prohibition was ineffective because it had not been added to the association declaration. The association then filed a lawsuit asking the court to declare that the bylaw amendment was enforceable.