Dispute Resolution

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) (Mullor v.…

A recent court ruling in California provides some useful guidance on how you and your clients can deal with those owners who just won’t take no for an answer when it comes to architectural guidelines (Orangecrest Country Community Ass’n v. Burns*). “It’s a very empowering decision,” says Sandra Gottlieb, a founding partner of California community…

Associations are making headlines across the country — and not in a good way. Stories about the overly aggressive pursuit of fines, fees, and foreclosures are going viral on a regular basis. This enforcement overexuberance has many implications for community associations. In July 2022, the Washington Post reported that a Texas couple put their house…

The North Carolina Court of Appeals has ruled that original plat maps depicting a golf course didn’t give an adjacent HOA or its members a right to block redevelopment of the property (Cape Homeowners Ass’n, Inc. v. Southern Destiny, LLC*). This is the third recent case where the court considered whether property owners held easements…

Associations are making headlines across the country — and not in a good way. Stories about the overly aggressive pursuit of fines, fees, and foreclosures are going viral on a regular basis. “You want responsible patrolling to maintain property values,” says Alan Garfinkel, founding partner of Garfinkel Law, a full-service community association law firm in…

When owners go ahead with new construction that’s prohibited by restrictive covenants, it can leave association boards at a loss. Often, they’re skeptical that a court will go as far as to order the destruction of an offending structure. But a recent case out of Michigan proves otherwise, and our experts say it’s happening in…

When owners go ahead with new construction that’s prohibited by restrictive covenants, boards can be at a loss. Often, they’re skeptical that a court will order the destruction of an offending structure. A recent case out of Michigan proves otherwise (Sgriccia v. Walsh*). Deconstructing the Case “Lately, there seemingly is a whole undercurrent of people…

Community associations may find their hands tied when pursuing unpaid fines and fees due to a controversial new state law. Under the new law, which was enacted earlier this year, Colorado now prohibits community associations from seeking foreclosures against owners based solely on unpaid fines. Even if you’re not in Colorado, take note because our…

Colorado HOAs are prohibited from seeking foreclosures against owners based solely on unpaid fines under a new law enacted earlier this year. The law includes additional provisions that will tie associations’ hands in some significant ways when pursuing fines and fees. The Impetus According to The Denver Post, the law is intended in part to…

When a manager brings a lawsuit on behalf of a client association, the other party is likely to claim the manager doesn’t have the “standing” to do so. In essence, the other party is claiming the manager isn’t the person harmed and therefore has no legal right to complain. This defense was recently raised by…