Tag Archives: CAI

National – Standardized Condominium Project Questionnaires Released by FHFA, FNMA and Freddie Mac

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Last week, Federal Housing Finance Agency, Freddie Mac and Fannie Mae released standardized Condominium Project Questionnaire forms.

According to Freddie Mac’s website, “The new forms provide greater consistency and clarity for lenders as they work to collect information to determine eligibility for mortgages secured by units in condominium projects.”

Continue reading National – Standardized Condominium Project Questionnaires Released by FHFA, FNMA and Freddie Mac

Nevada – Aliante HOA works to dispel negative associations

Aliante HOA works to dispel negative associationsSeven men and women volunteer to govern the Sun City Aliante homeowners association. They also hold the distinction as the first and only HOA board in Nevada to complete the Community Associations Institute's certification program. The voluntary certification as a Dedicated Community Association Leader, or DCAL, was developed by the institute's Nevada chapter.

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National – Community Association Law Reporter (May 2012)

CAI Law Reporter – May 2012Oberbillig v. West Grand Towers Condominium Association, No. 09-1097, Iowa Supr. Ct., Dec. 16, 2011 Robert Oberbillig owns a unit in West Grand Towers, a condominium development in Des Moines, Iowa. West Grand Towers Condominium Association (association) is responsible for maintaining the common area. The common area includes a two-level heated parking garage.

Colorado – Regs sought for homeowner groups, bucking latest trend in legislature

Blake: Regs sought for homeowner groups, bucking latest trend in legislature | SummitDaily.com“That government is best which is closest to the people,” Thomas Jefferson is alleged to have said. But he’d never heard of homeowners associations, a form of government which can be in your face and make you wish for the distance of city hall.

Florida – New condominium directors must sign papers or go to class

Rob Samouce: New condominium directors must sign papers or go to classOne of the new Florida condominium laws that went into effect back in 2010 was tweaked again as part of House Bill 1195 that became effective July 1, 2011. This law is an example of good intentions turning into a nuisance hoop that newly elected or appointed volunteers to condominium association boards of directors must jump through in order to qualify to be on, and then to stay on, the board.

Virginia – MercerTrigiani Tracks Changes to Law through new Website

MercerTrigiani – 2012 Virginia Legislative News and InformationMercerTrigiani provides legislative counsel to the Virginia Legislative Action Committee of Community Associations Institute (“VALAC”). MercerTrigiani is registered to lobby on behalf of VALAC and has a long history of devoting time and resources to the improvement of the laws affecting common interest community associations in Virginia.

National – CAI Law Reporter; 2011 Index

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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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Nationwide – CAI Law Reporter: Recent Cases in Community Association Law

Condominium Unit’s Contract of Sale May Be Revoked

Berkovich v. Vue-North Carolina, LLC, 3:10-cv-618-RJC-DSC, U.S. Dist. Ct., W. Dist. N.C., Oct. 24, 2011

Federal Law and Legislation: A North Carolina district court ruled that the purchaser of a condominium unit was entitled to rescind his sales contract and recover his escrow deposit because the agreement did not contain a recordable legal description of the condominium, as required by the Interstate Land Sales Full Disclosure Act.  [Read more]

Insured Owners Can’t Recover Replacement Costs

Buckley Towers Condominium, Inc. v. QBE Insurance Corporation, No. 09-13247, U.S. App. Ct., 11th Circuit, Sept. 14, 2010

Risks and Liabilities: A U.S. appeals court found that a condominium owner was not entitled to replacement costs for hurricane damage because its insurance policy required that the owner make the actual repairs before seeking to recover the costs. [Read more]

HOA Can’t Purchase Amenities with Assessments

Fairfield Harbour Property Owners Association, Inc. v. Drez, No. COA11-205, N.C. App. Ct., Nov. 15, 2011

Powers of the Association: A North Carolina appeals court ruled that a homeowners association did not have the authority to purchase recreational amenities with assessments collected from owners. [Read more]

“Other Insurance” Clause Dictates Insurer’s Obligations

Fieldston Property Owners Association, Inc. v. Hermitage Insurance Company, Inc., 920 N.Y. S.2d 763 (N.Y. App. Ct. 2011)

Risks and Liabilities/Contracts: A New York appeals court determined that although a suit against a homeowners association for injurious falsehood was covered both by a general liability policy and a directors and officers liability policy, the general liability policy’s primacy on the claim preempted any obligation the directors and officers liability insurance policy had because the policy was in excess of other valid insurance. [Read more]

Assessments, Fees Part of HOA’s Bankruptcy Estate

In re Stone Creek Village Property Owners Association, Inc., No. 10-54343-C, Chapter 11, U.S. Bankruptcy Ct., W. Dist. Texas, July 27, 2011

Federal Law and Legislation: The bankruptcy court for the Western District of Texas held that assessments and management fees collected by a homeowners association were considered property of the association’s bankruptcy estate and subject to an automatic stay of prosecution triggered by its Chapter 11 bankruptcy filing. [Read more]

Arbitration Agreement Not Part of Ambiguous Settlement

Lillie v. Channel View Condominium Association, No. B224330, Calif. App. Ct., Feb. 23, 2011

Contracts: California appeals court ruled that the ambiguous language in a settlement agreement was insufficient to compel the arbitration of future disputes. [Read more]

Party Responsible for Maintaining Stairway Unclear

Moody v. Soundview Condominium Association, No. CV095013200, Conn. Super. Ct., Feb. 4, 2011

Risks and Liabilities: A Connecticut court denied summary judgment to a condominium association in a negligence case because a genuine issue of material fact existed as to whether the association controlled the stairway, a limited common element of the condominium, where the accident took place. [Read more]

HOA Entitled to Foreclose on Unit for Unpaid Assessments

Village Green Homeowners Association, Inc. v. Leeder, No. 04-10-00522-CV, Texas App. Ct., March 2, 2011

Assessments/Covenants Enforcement: A Texas appeals court ruled that a homeowners association was entitled to foreclosure of its lien for unpaid assessments. [Read more]