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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...

Originally posted on February 27, 2012 by Ryan Sheehan Constr. Co. v. Continental Casualty Co., 938 N.E. 2d 685 (Dec. 2010). A contractor failed to provide its CGL insurance company with notice of claims against it for over two years.  The underlying claims were based...

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...

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...

Originally posted on February 13, 2012 by Ryan Here is a link with tips on how to be sure you are covered by your association’s Directors and Officers (D&O) insurance. This site and any information contained herein is intended for informational purposes only and...

Originally posted on December 12, 2011 by Ryan Bd. of Managers of Park Regent Condo. v. Park Regent Assoc., No. 2009-04227, N.Y. Supr. Ct., App. Div., March 30, 2010. A condominium regime in New York was recently involved in litigation over the validity of an...

Originally posted on December 12, 2011 by Ryan Breakwater Cove Condo. Ass’n v. Chin, No. A-1420-09T3, N.J. Super. Ct., App. Div., Dec. 2, 2010. A unit owner at Breakwater Cove kept two birds in her unit. The association informed her that she was in violation of 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. ...

Originally posted on December 12, 2011 by Ryan Jones v. Centex Homes, 189 Ohio App. 3d 668 (2010). The Joneses entered into a sales agreement with Centex Homes for the construction of a new home.  The agreement included a Limited Home Warranty provision covering...

Originally posted on December 12, 2011 by Ryan Hollis v. Stonington Dev. LLC, No. 4869, 2011 S.C. Ct. App. LEXIS 215 (Aug. 17, 2011). Two families sued a development company for damages to their jointly owned property.  The Plaintiffs’ land includes two man made ponds...

Originally posted on July 22, 2011 by Ryan Sturm v. Harb Development, 298 Conn. 124, 2 A.3d 859 (2010). Members of limited liability companies may be surprised to know that they can be sued individually when they personally direct or participate in tortious conduct....

Originally posted on July 22, 2011 by Ryan Cleveland Construction, Inc. v. Ellis-Don Construction, Inc., 2011 N.C. App. LEXIS 641 (April 5, 2011). The statute of limitations tolled on a subcontractor awaiting payment from a general contractor. Usually this would bar...