The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff’s action seeking to recover attorney fees she incurred in defending a prior action. The trial court concluded that Rule 3:25 precluded Plaintiff from requesting attorney fees because she failed to request such fees in the underlying litigation.
On June 29 2017, the District of Columbia Court of Appeals issued a decision in Wilfred Welsh v. Beverly McNeil and Alvin Elliott (argued more than a year earlier, on May 12, 2016 and embedded below).
In a decision that could impact conduct by an individual director and have a chilling effect on actions by individual members, the Court held that a board’s granting of a waiver on behalf of the association bound the entire association, including individual members, precluding them from enforcing a restrictive covenant.
The Court also ruled that an individual director could be personally liable under the Fair Housing laws and D.C. human rights law for certain behaviors. The matter was remanded back to Superior Court for review, so more to come…
On December 8, 2016, the Virginia Supreme Court issued (another) unpublished order in a matter involving a property owners association. This order, in Bodak, et al. v. Mayne, et al., finds that a private easement exists on a lot for access of the Shenandoah River that was established on a subdivision plat.
The full opinion and more info available after the jump.
HEATHER GRAHAM v. COMMUNITY MANAGEMENT CORPORATION (Record Number 161066)
From The Circuit Court of Fairfax County
Date Granted: 11-03-2016
On October 20, 2016, the Virginia Supreme Court issued an unpublished opinion in Hartmann, et al. v. Carriage Court II Homeowners Association, Inc., finding no reversible error in the judgment of the Circuit Court of Montgomery County that association was a valid property owners’ association subject to the Property Owners’ Association Act.
Carriage Court II continues a string of recent cases in Virginia related to the applicability of the Property Owners’ Association Act with an appeal granted in a similar matter, Shepherd, et al. v. Conde, et al. in September 2016.
The full text of Carriage Court II is available after the jump.
On April 5, 2016, the U.S. Court of Appeals for the D.C. Circuit determined whether the Davis-Bacon Act applies to the construction of CityCenterDC. According to the Court, CityCenterDC is a large private development in the heart of Washington, D.C. It features upscale retail stores such as Hermès, Boss, and Louis Vuitton; high-end restaurants such as DBGB and Centrolina; the large private law firm of Covington & Burling; and luxury residences.
On April 8, 2011, Judge Swersky sitting on the Alexandria Circuit Court, ruled in favor of Carlyle Towers Condominium Unit Owners Association in a claim related to water damage.
On April 7, 1994, the Judge Thomas H. Wood of the Augusta County Circuit Court decided Fried v. Dunkerton.
The U.S. Supreme Court refused review of the California Supreme Court decision in the case California Building Industry Association vs. San Jose, leaving the California Supreme Court decision in place.
The case (and related decisions) has important implications for issue that remains “unsettled” under the Takings Clause of the U.S. Constitution.
On January 13, 2016, the United States District Court for the District of Columbia issued an order upholding an arbitration provision contained in the recorded Bylaws of Millennium Square Residential Association in NW Washington, DC.