Our Blog

Articles and news from our firm.

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’...

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...

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...

Liability of a Parent Corporation for Construction Defects

Originally posted on August 7, 2012 by Ryan Magnolia N. Prop. Owners Ass’n, Inc. v. HeritageComm. Inc., No. 4943. A property owners association (POA) filed suit for construction defects in a condominium complex. Appellants are three corporations: HCI (parent...

Recent SC Case on Enforceability of Liquidated Damages

Originally posted on February 27, 2012 by Ryan The South Carolina Court of Appeals in Erie Ins. Co. v. Winter Constr. Co., 393 S.C. 455, 713 S.E.2d 318 (Ct. App. 2011), held that the administrative burden provision in a Subcontract was enforceable.  The provision...

ADA Pool Regulations and Community Associations

Originally posted on February 22, 2012 by Ryan In 2010, the Department of Justice (DOJ) issued revised requirements for the Americans with Disabilities Act (ADA) regarding accessible swimming pools.  In light of these new regulations, many community associations have...

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