Tag Archives: national

National – Vigilance is Key in Addressing Abandoned Lots and “Zombie” Mortgages

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Although statistical data shows the battle against zombie mortgages (A property becomes a zombie when a creditor initiates foreclosure and the homeowner vacates then home.  When the creditor fails to complete the foreclosure, title to the real property remains with the original homeowner, leaving the ownership “half dead” and “half living”) is being won nationwide, abandoned lots, vacant units and zombie properties continue to have negative impacts on communities throughout the United States (unkempt proprties, maintenance issues, rodents, unpaid assessments and lack of community spirit).

Through vigilance, community associations can effectively address conditions caused by these zombie properties.

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National – Will the Market Dictate Continued Livestock Restrictions?

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Last week I retweeted a link from the Urban Land Institute’s twitter page about the increase in the number of “agrihoods.”  And, although we have seen an increase in farming and gardening amenities, we have not seen a shift from pet restrictions – many restrictive covenants still prohibit animals other than orderly, domestic pets.

Real estate developers have been slow to embrace livestock in their restrictive covenants.  An article from Realtor.com (link after the jump) may explain why…

Continue reading National – Will the Market Dictate Continued Livestock Restrictions?

National – NAR: ‘Burdensome’ FHA Rules Make It Difficult To Buy, Sell Condos

MortgageOrb: NAR: ‘Burdensome’ FHA Rules Make It Difficult To Buy, Sell CondosWhile the Federal Housing Administration (FHA) has loosened its condominium approval requirements in recent years, many properties continue to struggle to meet overly stringent criteria, and the majority of properties are being denied, according to a panel at the “How Do FHA Condominium Rules Impact Your Business?”

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National – Community association law moves up

Community association law moves upCommunity associations, the nonprofit corporations that govern subdivisions, condominiums, planned communities and mixed-use developments, have become as common as fast-food restaurants. Nearly every new real estate development with multiple owners is governed by one or more community associations.

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National – Guard Yourself From Lawsuits Against Your HOA

Guard Yourself From Lawsuits Against Your HOAYour homeowners association, or HOA, could be sued because of its crime watch program. There are steps you can take to protect your HOA and your own pocketbook from a lawsuit. Regardless of the outcome of criminal charges filed against George Zimmerman for the killing of Trayvon Martin in Sanford, Fla., the HOA where the shooting occurred could be subject to a civil lawsuit.

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National – Parking Meters in the Driveway

Parking Meters in the Driveway – Pay Dirt – SmartMoneyAbout a year ago, we wrote about homeowners renting out rooms in their mansions to earn a bit of cash and potentially stave off foreclosure. Now there’s an easier, less intrusive way to pimp out your residence: rent your driveway. In early March, ParkatmyHouse.com will launch in the U.S., debuting in Northeastern cities like Boston, Philadelphia and D.C.

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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