DC Court Opinions


Case Name Summary of Case Date
Welsh v. McNeil and Elliot

An association director (and secretary) filed suit in his capacity as an individual against a neighbor, alleging a lease to a group home violated leasing restrictions.   The defendant’s filed a counter-claim based on the fair housing act.   Both the claim and counter-claim were dismissed at trial.

The  Court of Appeals reversed the trial court and allowed both the claim and counter-claim to proceed to trial (the Court of Appeals did not rule on the merits either claim).

In allowing the counter-claim to proceed, the Court of Appeals ruled that, even though the objecting board member was only a single member of the board and did not have the authority to prevent the lease for disabled tenants, he could be individually liable if , in that capacity or otherwise, he personally committed or contributed to a violation of the fair housing laws.

Chase Plaza Condominium Association, Inc. v. JPMorgan Chase Bank, N.A. Brian York purchased a condominium unit, financing the purchase through a mortgage loan that was secured by a deed of trust on the unit. After Mr. York defaulted on his monthly condominium assessments, Chase Plaza Condominium Association, Inc. foreclosed on the unit.  Darcy, LLC purchased the property at a foreclosure sale. Several
months later, JPMorgan Chase Bank, N.A. filed a complaint alleging that the foreclosure sale was void, because the price at the sale was unconscionably low and because the sale impermissibly purported to extinguish the lien created by the deed of trust. The trial court agreed and granted summary judgment to JPMorgan. The Court of Appeals reversed and remanded.
Harris v. Northbrook Condominium II, et al. Harris contends that the notice of foreclosure on his condominium unit violated the District of Columbia Condominium Act and his due process rights because appellees (Northbrook Condominium II, Northbrook Condominium II Unit Owners Association, EJF Real Estate Services, Inc., and Mark Cunniff) knew he never received actual notice of the foreclosure. The Court of Appeals found there was no violation of theDistrict of Columbia Condominium Act and no due process deprivation, affirming the decision of the Superior Court. 5/24/12
Burkey v. Pelkey Richard A. Burgess, Jr., challenges the trial court’s decision to dismiss his lawsuit on summary judgment asserting that material facts remained in dispute regarding whether the Board of Directors Square 3324 Hampshire Gardens Apartments (Hampshire Gardens), a cooperative association, was in breach of contract when it enforced amendments to the cooperative’s bylaws and house rules which affected certain rights and benefits previously held by appellant when he originally purchased a share in the cooperative. The Court of Appeals affirmed the trial court. 9/30/99


Case Name Summary of Case Date
UOA of the California House Condominium v. California House Partners, Ltd. Court reviewed the validity of the reservation by declarant of the right to assign the use of parking spaces,  comprising the only limited common element of the condominium. 5/24/88


One lawyer's compilation of online legal resources and comments related to issues involving condominiums, HOAs, timeshares and cooperatives in Virginia and the District of Columbia.