National – CAI Law Reporter; 2011 Index

Via CAI

Architectural Control

Ariyan v. Pine Orchard Association, Inc., No. CV084034207S, Conn. Super. Ct., Dec. 3, 2010—Owner Must Remove Gazebo that Violates Zoning Regulation—September 2011

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Assessments

The 1849 Condominiums Association, Inc. v. Bruner, No. 2:09-CV-3339-JAM-EFB, U.S. Dist. Ct., E. Dist. Calif., Feb. 17, 2011—Association Must Account for Special Assessment Funds—November 2011

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Association Operations

Alley v. Les Chateaux Condominium Association, Inc., No. 8:10-cv-760-T-33TGW, U. S. Dist. Ct., M. Dist. Fla., Nov. 16, 2010—Association Can’t Refuse Disabled Owner’s Use of Golf Cart—June 2011

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Attorney’s Fees

Bosch v. Cedar Village Townhomes Homeowners Association, Inc., No. 01-09-00654-CV, Texas App. Ct., Feb. 3, 2011—Association Does Not Have Duty to Insure Owner’s Unit—October 2011

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Contracts

Boyd v. Hunter Pointe Condominium Association, No. 294811, Mich. App. Ct., Feb. 15, 2011—Owner Can’t Sue Contractor for Additional Repairs—November 2011

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Conversions

Aspen Grove Owners Association v. Park Promenade Apartments, LLC, No. CV09-1110, U.S. Dist. Ct., W. Dist. of Wash., Nov. 19, 2010— Association Lacks Standing to Sue on Behalf of Its Members—January 2011

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Covenants Enforcement

The 1849 Condominiums Association, Inc. v. Bruner, No. 2:09-CV-3339-JAM-EFB, U.S. Dist. Ct., E. Dist. Calif., Feb. 17, 2011—Association Must Account for Special Assessment Funds—November 2011

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Developer Liability

Caldwell v. Two Columbus Avenue Condominium, No. 123568/02, N.Y. Supr. Ct., Oct. 22, 2010—Mold in Unit Does Not Support Personal Injury Claim—June 2011

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Developmental Rights

Bay Cliff Estates Condominium Association v. Harbor Club Properties, Inc., No. 292083, Mich. App. Ct., Sept. 21, 2010—Marina Walkway Owner Entitled to Lease Bottomlands—March 2011

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Documents

Grove Court Condominium Unit Owners’ Association v. Hartman, No. 94910, Ohio App. Ct., Jan. 20, 2011—Bank Needs Direct Interest in Unit to Stop Foreclosure—September 2011

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Federal Law and Legislation

Alley v. Les Chateaux Condominium Association, Inc., No. 8:10-cv-760-T-33TGW, U. S. Dist. Ct., M. Dist. Fla., Nov. 16, 2010—Association Can’t Refuse Disabled Owner’s Use of Golf Cart—June 2011

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Miscellaneous Association Problems

First Equitable Realty III, Ltd. v. Grandview Palace Condominium Association, No. 3D09-3129, Fla. App. Ct., Oct. 27, 2010—Developer Doesn’t Retain Rights to Assigned Parking—May 2011

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Municipal Relations

Quincy Park Condominium Unit Owners’ Association v. District of Columbia Board of Zoning Adjustment, No. 09-AA-70, D.C. App. Ct., Sept. 30, 2010—Objection to Zoning Relief Request Must Be Raised to Board—June 2011

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Operations

Mill Pond Condominium Association v. Manalio, 910 A.2d 392 (Maine 2006)—Association’s Sign Doesn’t Interfere with Easement—October 2011

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Powers of the Association

Board of Managers of Academy Twins Condominium v. Hernandez, No. 112410/10, N.Y. Supr. Ct., Dec. 16, 2010—Board Chosen for Removal Must Have Chance to Speak—August 2011

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Risks and Liabilities

1324 W. Pratt Condominium Association v. Pratt Construction Group, 404 Ill. App. 3d 611; 936 N.E.2d 1093 (2010)—Builder Is Liable for Condominium Construction Defects—March 2011

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Sale and Lease Restrictions

Margerison v. Charter Oak Homeowners Association, No. 107843, Okla. App. Ct., May 21, 2010—Gate in Security Fence Must be Approved by Homeowners—January 2011

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State and Local Legislation and Regulation

Board of Managers of Marbury Club Condominium v. Marbury Corners LLC, No. 29420/09, N.Y. Supr. Ct., Sept. 22, 2010—Developer Can’t Enforce Promissory Note—April 2011

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Use Restrictions

Franklin Commons, L.L.C. v. Helman Woods Subdivision Homeowners Association, No. 292952, Mich. App. Ct., Nov. 4, 2010—Association May Enforce Commercial Use Restrictions—May 2011

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Warranties

1324 W. Pratt Condominium Association v. Pratt Construction Group, 404 Ill App. 3d 611; 936 N.E.2d 1093 (2010)—Builder Is Liable for Condominium Construction Defects—March 2011

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