This page contains CAI Legal Briefings and NBC-CAM’s bimonthly newsletters containing legislative news.
- October 2010 CAI Case Law Updates (0)
Enforcement of Consumer Protection Laws Rests Only with the Attorney General
Board of Managers of 374 Manhattan Avenue Condominium v. Harlem Infil LLC, No. 105826/08, N.Y. Supr. Ct., June 18, 2010
Developer Liability/Warranties: With the exception of a cause of action for fraudulent misrepresentation, a New York Supreme Court dismissed all claims against a condominium sponsor, his affiliates, architects and engineers, finding that the suits were precluded by the Martin Act.
Restrictive Covenants, Easements May Be Enforced by Successors-in-Title
Fallis v. River Mountain Ranch Property Owners Association, Inc., No. 04-09-00256-CV, Tex. App. Ct., July 7, 2010
Covenants Enforcement/Developmental Rights: A Texas appeals court ruled that a homeowner, who acquired his property subsequent to the time violations of restrictive covenants were alleged to have occurred, could enforce the covenants, because he was a successor-in-interest and the covenants ran with the land.
Floodlight Violates Restrictive Covenants
Hawk’s Landing Homeowners Association, Inc. v. Williams, No. 2009AP701, Wisc. App. Ct., June 24, 2010
Architectural Control/Covenants Enforcement: In an unpublished opinion, a Wisconsin appeals court ruled that a floodlight mounted on a 17-foot pole to illuminate a backyard sports court violated the architectural restrictions contained in the subdivision’s declaration of covenants.
Owner Responsible for Late Fees, Interest on Unpaid Assessments Mailed to Wrong Address
Hazelwood Association, Inc. v. Helfrich, No. 09 CA 0119, Ohio App. Ct., June 16, 2010
Assessments/Covenants Enforcement: An Ohio appeals court affirmed a trial court’s finding that an owner was liable for late fees and interest on unpaid assessments, even though the invoices were incorrectly mailed to the vacant property address.
Association Has No Liability for Damage Caused by Failure to Correct Drainage, Sinkhole Problems
Lore v. Suwanee Creek Homeowners Association, Inc., No. A10A0012, A10A0013, Ga. App. Ct., June 24, 2010
Risks and Liabilities: A Georgia appeals court reversed the trial court’s determinations in a suit filed by residents of a subdivision against their homeowners association for trespass, nuisance and negligence, and a separate personal injury claim that arose from the association’s alleged negligence.
Ten-Year Limitation on Developer Rights Unenforceable
Madowitz v. The Woods at Killington Owners’ Association, No. 08-502, Vt. Supr. Ct., July 2, 2010
Developer Rights: A Vermont court rejected an association’s argument that conflicting language contained in property deeds and a condominium declaration could be read harmoniously. The unambiguous language of the declaration explicitly gave developers the right to continue with their phased development plans, even though the deeds provided that there was a 10-year limitation on future development.
Association Entitled to Recover Unpaid Assessments
Pew v. One Buckhead Loop Condominium Association, Inc., No. A10A0569, Ga. App. Ct., July 12, 2010
Assessments/Covenants Enforcement: A Georgia appeals court upheld a trial court’s award of summary judgment in an action to collect unpaid assessments.
Unincorporated Association Has No Standing to Sue for Past Due Assessments
Port Village HOA, Inc. v. Summit Associates, SCR 60571/09-1, N.Y. Civ. Ct., April 21, 2010
Association Operations/State and Local Legislation and Regulations: In an unpublished opinion, the Civil Court of the City of New York, Richmond County, dismissed an action to collect past due assessments because the action was brought in the name of a non-existent corporation.
- Fall 2010 NBC-CAM Newsletter (0)
Upscale Condo Tower in Chicago Goes Smoke-Free
Condominium owners at 1418 N. Lake Shore Drive, a 28-unit high-rise in Chicago have voted to become Illinois’ first smoke-free condo building. Now prohibited are cigarette, cigar, pipe or any other smoking in the property’s common areas and individual residences. [more]Associations Oppose Proposed Private Transfer Rule
Community association managers nationwide have rallied in opposition to a proposed regulation issued on August 13 by The Federal Housing Finance Agency (FHFA) related to transfer fees. The proposal would prohibit Fannie Mae, Freddie Mac and federal home loan banks from purchasing mortgages for any property that contained a deed-based transfer fee payable at time of sale. [more]Never Stop Learning
During this time of year, all of the back-to-school promotions revive childhood memories for managers everywhere about the anticipation of learning so many new things. Just because you aren’t returning to school doesn’t mean you have to stop being a student. Indeed, successful association managers continue to learn throughout their careers. Even the most seasoned experts can benefit from lessons about new techniques or innovative twists on some old ones. [more]Embrace E-mail Etiquette
Could you be sending the wrong signal with your e-mail style? Mike Figliuolo at thoughtLEADERS, LLC, recently offered a few thoughts about e-mail embarrassments that might keep employees from being considered as management material.
[more]Associations Should Promote Benefits of Walking, Biking
Communities throughout the United States are acknowledging a growing need and responsibility to provide options for walking and biking more often, to more places and to feel safe while doing so. Walking and biking—whether for utilitarian or recreational purposes—result in many benefits, including improved environmental and personal health, reduced traffic congestion, enhanced quality of life, and economic rewards. [more]Green Building Council Partners with Associations
In summer 2009, the U.S. Green Building Council (USGBC) announced its Building Performance Partnership (BPP), a program to engage owners and managers of commercial and residential buildings in Leadership in Energy and Environmental Design (LEED) certification. In late July 2010, USGBC opened the program to all current whole-building LEED-certified commercial and residential projects. [more]NBC-CAM News [more]
