Our Blog
Articles and news from our firm.Liability for Wild Animals: Alligator Update
Originally posted on October 29, 2012 by Ryan The Georgia Supreme Court overruled the court of appeals decision holding a homeowners’ association liable for an alligator attack on a guest. Last November, I wrote an article explaining how this case may have come out in...
Covenant Enforcement: Height Restriction Upheld
Originally posted on October 29, 2012 by Ryan Greenbank Beach & Boat Club, Inc. v. Bunney, No. 66308-9-1, Wash. App. Ct., May 29, 2012. In this case, the association brought suit against Bunney for violating a 15’ maximum height restriction on dwellings within the...
Punitive Fining is Outside Board’s Authority
Originally posted on August 21, 2012 by Ryan Fairfax Co. Redevel. and Housing Auth. v. Shadowood Condo. Ass’n, No. CL-2010-13282, Va. Cir. Ct., May 12, 2011. In this case, a condo association levied more than $20,000 in fines against a housing authority, which owned...
Use Caution When Reviewing Leases
Originally posted on August 7, 2012 by Ryan Many governing documents provide the association with the authority to review and either approve or deny the leases of community members. This authority can be helpful in that the association can ensure the lease document...
Property Maintenance Company Cannot Foreclose on Condo Units
Originally posted on February 27, 2012 by Ryan Parc Central Aventura E. Condo. v. Victoria Group Serv., LLC, 54 So. 3d 532 (Fla. Dist. Ct. App. 2011). A Florida court of appeals determined that a company providing cleaning, concierge and security services to a condo...
Self-Help and Covenant Enforcement- Drawing a Line in the Sand
Originally posted on February 27, 2012 by Ryan Frustrated board members often find themselves in a predicament: how far is too far in covenant enforcement? Oftentimes, the governing documents of an association will allow the board to use self-help to enforce the...