Issue
Does a homebuilder need Association approval of its plans? NO, unless the condominium documents require it.
Facts
The plaintiff was the builder, Canyon Custom Home Builders (“Builder”). The defendant was Somerset Condominium Association, Inc. (“Association”). The Builder wanted to
Facts
The defendant, Lennar Homes developed Martinique at Oasis, a residential community located in Homestead, Florida comprised of 241 homes. Lennar Homes sold each of the homes in the community to individual homeowners. Each of the purchase agreements between Lennar
Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC). Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee. Where the governing documents give the Board/ACC discretion over proposed architectural/exterior
Facts
Seaside is an 80-acre development in Florida. In the 1980’s the developer recorded declarations for nine separate neighborhood associations. The language in each of the declarations are identical, providing the association with “the right to enforce, by any proceedings
Facts
The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was installed just before the promenade they were riding along crossed a roadway. Mr. Schnurr fell
Facts
The parties to this suit both reside in a condominium association. Each party owns a unit, and each has parking spaces. The dispute is over the fact that when the Grudziecki parks their car in their parking spot, even
Facts
The plaintiff, Jody Goldstein, was beaten and robbed, resulting in serious, permanent injuries while staying as a guest at the Chateau Orleans, a combination hotel, timeshare, and condominium facility located in the French Quarter in New Orleans. The defendant,
Thank you to all who attended the Husch Blackwell Condominium & HOA Law Team virtual Association Academy on March 25, 2022. We covered what’s new with the Fair Debt Collection Practices Act (FDCPA), collections and the new mortgage underwriting requirements..
Facts
Developer subjected property to the condominium act in Massachusetts in 2008. By the terms of the deed, it included all the “land and improvements at the property…” There were to be six wings and up to 109 units
Facts
In 2014, Kato purchased a unit at an association, thereby becoming a member of the association. Kato also joined the board and became its President/Treasurer. Later that year, Kato’s unit, and two other units in the association were destroyed