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Articles and news from our firm.Board Committees
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 Can Enforce Zoning Regulations
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. ...
Lien for Unpaid Assessments is Superior to Unrecorded Tax Lien
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,...
Alligator Liability?
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...
Disabled Resident’s Abusive Conduct Violates Covenants
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...
Recouping Money from Banks that Foreclose on Units
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...
Liability for Wood Floor Installation in Unit
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’...
Court will Uphold Liquidated Damages so long as Reasonable at the Time of Contracting
Originally posted on July 16, 2013 by Ansley K-Con Building Sys., Inc. v. United States, 97 Fed. Cl. 14 (2011). K-Con, a design-build contractor, entered into three separate contracts with the United States Coast Guard for the design and construction of pre-fabricated...
Act’s Definition of “Occurence” Only Applies Prospectively
Originally posted on December 6, 2012 by Ryan The South Carolina Supreme Court held unconstitutional the retroactivity clause in S.C. Code Ann. Section 38-61-70, which was made effective on May 17, 2011. The Act defines “occurrence” in a commercial general liability...
Notice of Arbitration Must Appear on First Page of Master Deed to be Enforceable
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...
Court Finds Developer not in Contempt for Stormwater Damage to HOA
Originally posted on August 7, 2012 Ex Parte: Lipscomb v. Stonington Devel., No. 4961 Respondents/property owners filed suit against a developer for property damage caused by stormwater runoff. The circuit court judge issued an order granting a permanent injunction...
Tenant’s Failure to Surrender Possession of Premises Allows Lessor to Retain Security Deposit
Originally posted on August 7, 2012 by Ryan Atlantic Coast Builders & Contractors, LLC v. Lewis, No. 27044. Atlantic entered into a commercial lease for property owned by Lewis. After taking possession of the property and making improvements to it, Atlantic...