Category: Community Association Law Articles

Originally posted on January 9, 2012 by Ryan Although the SC Nonprofit Code and the governing documents of an association maintain safeguards for fair elections, many boards are coming up with crafty ways to ensure re-election. An article in the Orlando Sentinel lists these as the most popular methods for power-corrupt boards to hold on […]
Originally posted on January 9, 2012 by Ryan Here’s an article from the Baltimore Sun about a penthouse unit owner in the Baltimore Ritz-Carlton Residences seeking to obtain a permit to build a gun range inside the unit.  Condo association rules, state laws and local ordinances may prove to be a difficult burden to overcome in getting the firing […]
Originally posted on December 12, 2011 by Ryan From time to time, a Board of Directors may find it helpful to delegate responsibilities to Board Committees.  Committees are authorized by the Nonprofit Code in S.C. Code Ann. § 33-31-825, except where prohibited by the Association’s bylaws or articles. A majority of Board members must approve the […]
Originally posted on December 12, 2011 by Ryan Ariyan v. Pine Orchard Ass’n, Inc., No. CV084034207S, Conn. Super. Ct., Dec. 3, 2010. The court in this case held that the Pine Orchard Association had the authority to enforce zoning regulations within the association.  Ariyan began constructing a gazebo on her lot, which is zoned with […]
Originally posted on December 12, 2011 by Ryan Mira Owners Ass’n v. Lawrence, No. C10-630RAJ, U.S. Dist. Ct., W. Dist. Wash., Feb. 16, 2011. An association member became delinquent on assessment payments and also failed to pay his federal income tax.  In November, 2008, the association brought suit to foreclose on its lien.  Subsequently, the […]
Originally posted on November 11, 2011 by Ryan The Georgia Supreme Court has decided to hear a case involving a woman who was eaten by an alligator in a homeowner’s association lagoon.  83 year-old Gwyneth Williams was housesitting for her daughter and son-in-law in a Savannah subdivision.  She was discovered floating in one of the […]
Originally posted on September 30, 2011 by Ryan Connor v. Lake Dexter Woods Homeowners Ass’n, Inc., No. 2D09-5382, Fla. App. Ct., Dec. 29, 2010. The Lake Dexter Woods Homeowners Association sued for an injunction against a disabled resident with an “angry” personality disorder.  Watson, the developmentally disabled resident, lives in the subdivision under the care […]
Originally posted September 30, 2011 by Ryan I like this idea from a recent Palm Beach Post article: “Parra’s methods include charging a $1,000 fine if exterior door locks are not the same. When a bank repossesses a unit, it typically changes the locks but doesn’t read the association rules requiring uniformity and ends up […]
Baldwin v. Village Walk Condo., Inc., No. FSTCV085007925S, Conn. Super. Ct., Nov. 19, 2010. A Connecticut condo owner recently sued her neighbors, her condo association, and the property management company for 42 claims resulting from her upstairs neighbors’ installation of hardwood flooring.  Baldwin claims the wood floors caused an excessive noise level and prevented her […]
Originally posted on November 19, 2012 by Ansley In Richland Horizontal Prop. Regime Homeowners Ass’n, Inc. v. Sky Green Holdings, Inc., the Court of Appeals upheld the trial court’s ruling that an arbitration clause on a master deed was unenforceable. In this case, a developer created a horizontal property regime by master deed. The master […]