Tag Archives: attorneys fees

This Day in Virginia HOA Law: Fried v. Dunkerton, Augusta County Cir. Ct. (1994)

Fried v. Dunkerton (Wintergreen)

On April 7, 1994, the Judge Thomas H. Wood of the Augusta County Circuit Court decided Fried v. Dunkerton.

Continue reading This Day in Virginia HOA Law: Fried v. Dunkerton, Augusta County Cir. Ct. (1994)

New Jersey – Jaye v. Oak Knoll Village Condominium Owners Association

3Moss Report-Refined #24-2-5635 Jaye v. Oak Knoll Village Condominium Owners Association, App. Div. (per curiam) (4 pp.) Chris Ann Jaye appealed from orders granting judgment in favor of Oak Knoll Village Condominium Association (OKV) for arrearages associated with common element assessments pursuant to N.J.S.A. 46:8B-17 and from an award of counsel fees to OKV in its collection action. Appellant is, and at all relevant times was, a unit owner at Oak Knoll Village, a condominium community. Appellant failed to pay her common element expenses. OKV instituted legal action seeking a judgment against appellant. Prior to the entry of judgment, a settlement was reached between the parties whereby in exchange for a “zero-out” of the claimed balance owed by appellant to OKV, appellant would commence payment of the common element charges. Notwithstanding the agreement, appellant ceased payments. OKV instituted another action by way of counterclaim seeking judgment for unpaid common element expenses and counsel fees. The appellate panel found the court appropriately granted OKV’s motion for summary judgment. Among the powers assigned by law to a condominium association is the authority to assess and collect funds for the payment of common expenses. Here, the judge’s finding that OKV was entitled to judgment for outstanding common expenses owed by appellant was in accord with the uncontroverted facts and the controlling law. A condominium association is also authorized to charge a nonpaying member with “reasonable” attorney fees. Here the judge acted within his discretion in determining that $8,000 in attorney fees was reasonable.

Read more: http://www.njlawjournal.com/id=1202716512438/Unapproved-Opinions-January-2228-2015#ixzz3QJnu7fbu

New York – Board of Managers of The Lenox Grand Condominium v. DSW Lenox LLC (2013 NY Slip Op 07548)

Board of Mgrs. of the Lenox Grand Condominium v DSW Lenox LLCThe main reason that plaintiff increased common charges effective May 2012 was legal fees in this action and in a derivative action brought by DSW. As DSW acknowledges, it failed to argue to the motion court that plaintiff may not advance board members’ cost for defending themselves in the derivative action.

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Florida – Homeowners Who Spent $220K in Legal Fees to Fight $2K HOA Lawn Bill Win Court Case After 11 Years

Homeowners Who Spent $220K in Legal Fees to Fight $2K HOA Lawn Bill Win Court Case After 11 Years – News – ABA JournalFighting a $2,212 bill for lawn resodding from their homeowner association seemed, to a Florida couple, like the thing to do. But that was more than a decade ago, and it remains to be seen whether Ed and Billye Simmons, who have prevailed in their court case after 11 years of litigation, will get anything close to the $220,000 in attorney’s fees and costs he tells the Tampa Bay Times they spent on the legal battle.

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North Carolina – Judge orders HOA insurance company to pay family $20,000

Judge orders HOA insurance company to pay family $20,000MINT HILL, N.C. – Brian and Lori Phelps are finally at peace in their Mint Hill home. They didn’t know a 2009 move from California to the St. Ives neighborhood would end in a big court battle. Brian Phelps said the HOA started charging them with violations when they planned to build a patio.

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