Dispute Resolution

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. The case involved a dog named Bo, who lived with a tenant in…

The California Court of Appeals recently found that an association didn’t deserve an attorneys’ fee award because it “turned tail” by unilaterally making rules changes instead of arguing against an owner’s objections to the rules in court (Artus v. Gramercy Towers Condominium Ass’n*). The case is a powerful reminder that, while state law or governing…

A Connecticut condo association board tried to force the removal of a dog after holding multiple hearings and concluding it was vicious (Copper Square Ass’n, Inc. v. Bonell). But a court found the board dropped the ball and denied to order removal. Read on to learn the kinds of mistakes your clients need to avoid…

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

Are your association clients struggling to enforce against tenant violations in their communities? With residential rents skyrocketing across the country, more owners are looking to get into the rental game — and, in turn, more associations are seeing a jump in the number of tenant violations. Owners sometimes fail to think about the role of…

An HOA in North Carolina recently learned a tough — and expensive — lesson about the potential pitfalls of noncompliance with statutory requirements for foreclosure. As the result of a misstep not even truly of the association’s own making, the foreclosure was reversed, and the association wound up on the hook for the owners’ attorneys’…

With residential rents skyrocketing across the country, more owners are looking to get into the rental game — and, in turn, more associations are seeing a jump in the number of tenant violations. Read on to learn how your clients can take steps to reduce the risk of renters breaking rules they may not even…

A Kentucky couple claimed that they shouldn’t have to pay assessments on their two lots because, as a result of erosion, one had “ceased to exist as a recognizable land mass.” The state court of appeals disagreed (Thompson v. Lake Cumberland Resort Cmty. Ass’n*). William and Theresa Thompson own two lots in the Lake Cumberland…

A Kentucky couple claimed that they shouldn’t have to pay assessments on their two lots because, as a result of erosion, one had “ceased to exist as a recognizable land mass.” The state court of appeals disagreed (Thompson v. Lake Cumberland Resort Cmty. Ass’n*). The Lay of the Land William and Theresa Thompson own two…

A neighbor’s lawsuit over the construction of a fence that violated CC&R restrictions recently fell flat in Washington state. Although the court found the restrictions ambiguous — never a good situation for your clients — the association was protected by the authority the documents granted the board and the Architectural Control Committee (ACC). The fence…