Recent Court Rulings

Facts: A condominium building’s board of directors voted to install a chairlift in one of the two stairwells to make the building more handicap accessible. A unit owner objected to the installation and voiced her concerns to the board. However, it applied for a building permit from the city’s building commissioner and hired a company to install the chairlift.

Facts: A unit owner slipped and fell on a driveway leading to his condominium complex. He sued the association, seeking damages for injuries he suffered. The driveway, also known as the “east access road,” is located on property owned by a third party. The association has an easement for ingress and egress—that is, the right to use the driveway to come and go—in common with the third party. The third party asked a New York court for a judgment in its favor without a trial.

Facts: The association and its management company were responsible under the association’s governing documents for maintaining the common areas of a condominium building. But the management company failed to waterproof areas of the building, leading to water intrusion and deterioration. The board of directors spent reserve funds for purposes other than the repair, restoration, replacement, or maintenance of the common areas.

Facts: A homeowners association used funds from a special assessment to complete roadwork in a subdivision of the planned community. Each homeowner was asked to pay $7,500. One of the homeowners paid his portion on time but later sued the association, seeking to recoup that amount and alleging that, among several other illegal activities, the association had engaged in fraud by requiring payment of the assessment. A trial court ruled in favor of the association. The homeowner appealed.

Facts: The owner of two townhouse units performed renovations that were not permissible under the association’s governing documents. The association charged the owner several thousand dollars in penalties and fines. When the owner didn’t pay, the association imposed a lien on the properties. The owner sued the association, alleging, among several other claims, that it had negligently placed an improper lien.

The association asked for a judgment in its favor without a trial. A trial court ruled in favor of the association. The owner appealed.

Facts: A homeowners association declaration permitted garages that are attached to a home, and accessory structures that are not used for storage and that are deemed acceptable by the design review committee. Two homeowners’ request to build a detached “garage” on their property was denied by the association because the declaration allowed only those garages that are attached to a house. The homeowners built the garage without the association’s approval. The association sent the homeowners a letter asking them to comply with the declaration.

Facts: A townhome owner failed to pay two years’ of association assessments due on the property. The association filed a small claims action seeking damages for the unpaid assessments, including late fees and attorney’s fees.

Facts: An association discovered that two homeowners in the community were operating daycare businesses in their homes. The association asked a trial court for a declaration that this was in violation of the restrictive covenant, and an injunction—that is, an order from the court to shut down the businesses.

Facts: Two homeowners moved into a planned community in 2009. The association fined them for bringing their dog into the clubhouse. The homeowners contested the fines. The homeowners argued that the fines were wrongly imposed because they hadn’t been properly notified of any change in the HOA rules prohibiting dogs.

Facts: A corporation owned several units in a condominium building governed by an association. After the corporation stopped paying assessments for its units, the association resorted to arbitration, in accordance with its bylaws. A representative of the corporation didn’t attend the arbitration meeting and didn’t contest the decision of the arbitrator in favor of the association. The arbitration award was confirmed by the court. Both after the award and the confirmation of the award, the corporation was sent notices by email and by certified mail.