Court Decisions

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Written By Elina B. Gilbert | Wednesday, June 11, 2014

Although smoking is generally on a decline, the problems associated with smoking in condominium communities (and sometimes in attached townhome communities) continues to rear its ugly head with the “right to smoke v. the right to breath clean air” debate getting uglier and uglier.


We recently blogged on a...

Written By Elina B. Gilbert | Monday, April 8, 2013

CCIOA has an interesting provision, contained in Section 210(4), which allows developers to withdraw property included in an association only if: (1) a portion of the real estate is subject to withdrawal; and (2) a unit in such portion of real estate has not yet been sold to a...

Written By Melissa M. Garcia | Friday, March 22, 2013

After a five-week trial, a California jury found the Bella Palermo Homeowners Association negligent for failing to resolve a second-hand smoke dispute between neighbors at a Trabuco Canyon condominium project.  The plaintiffs were awarded just over $15,000 for their claim that the...

Written By Debra Oppenheimer | Monday, February 4, 2013

A homeowner in Buffalo New York failed to maintain her patio in a clean manner and neighbors decided to help her out by cleaning the patio while she was away on a trip.  In return for their help, Ms. Taylor called the police and filed multiple lawsuits including claims that the Association had violated her rights under the Fair Housing Act.

  Ms. Taylor first made claim with...

Written By Elina B. Gilbert | Wednesday, January 30, 2013

I have an 11 year old daughter that I will not let play, or even ride her bike, on our street.  Why?   Because I consistently witness maniacs zooming by my house, in their cars, at 100 miles per hour (or so it seems).  Have I complained to my HOA?   Of course I have!  But how does an association enforce speed limits in the community’s private streets?

    The police will not...

Written By Loura K. Sanchez | Monday, October 22, 2012

After 11 years of battling, a judge has finally resolved an outstanding covenant enforcement dispute which involved many court hearings, a jury trial, two appeals and then a second trial.  That’...

Written By Loura K. Sanchez | Thursday, September 20, 2012

Several months ago we wrote about wild life in associations.  In that article we discussed concerns with liability if owners are injured by animals in a community and what association can do to address the growing number of wild animals in urban communities.  One of the cases we discussed was a Georgia case...

Written By Eric R. McLennan | Wednesday, December 21, 2011

An unpublished decision in a lower California court recently upheld a community association’s attempt to charge substantial extra fees to owners who rent out their units.  Stating that they were acting in accordance with the...

Written By Elina B. Gilbert | Monday, November 21, 2011

Colorado law prohibits associations from adopting rules or regulations that effectively prohibit the installation of solar panels, although associations are allowed to adopt reasonable rules governing such installation, which can be based on aesthetic considerations.  Such rules must also not significantly increase the cost of...

Written By Melissa M. Garcia | Friday, August 5, 2011

Does your condo association have limited common element balconies? Are owners required to maintain them? Does the association and/or the owners understand the waterproofing system and how to maintain the  balcony decks so that leaks don't damage the common area and other units? If you answered "yes" to the first two questions and "no", or "I'm not sure" to the last question, read David...