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By: Husch Blackwell LLP

Blog Authors

Amy Ambro
Ketajh Brown
Sandra Chapman
Lydia Chartre
Catarina Colón
Billie Jo Fatheree
Angela B. Harden
Naomie Kweyu
Daniel Miske

Latest from Association Alert

Association Alert

Architectural Control Through Rulemaking Authority is Proper IF YOUR DOCUMENTS ARE PROPERLY WRITTEN

By Daniel Miske
July 20, 2022
House & Magnifying Glass

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…

Association Alert

Homeowner’s Associations Suing on Behalf of Homeowners Must Abide by Arbitration Provisions

By Amy Ambro
May 12, 2022
Business Conflict

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…

Association Alert

Architectural Control and your Community Association—Limits on the Discretion of the Board

By Lydia Chartre
May 5, 2022
House Tape Measure

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…

Association Alert

Association Can Assign Enforcement Authority to a Manager

By Daniel Miske
April 28, 2022
Assignment

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…

Association Alert

Condominium Association Liable for Construction Defect it Had a Duty to Maintain

By Amy Ambro
April 21, 2022
Bike Accident

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…

Association Alert

Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable

By Daniel Miske
April 14, 2022
Parked Cars

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…

Association Alert

Managers of Condominiums Who Know or Should Know of Security or Safety Concerns May be Required to Engage in Enhanced Security Measures

By Amy Ambro
April 7, 2022
Security Cameras

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,…

Association Alert

Association Academy: What’s New in 2022! Things You Need to Know

By Billie Jo Fatheree
April 1, 2022
Association Academy.220325

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.. …

Association Alert

Expiration of Developer Rights – What Happens to the Land where Units were Not Constructed

By Daniel Miske
March 31, 2022
Empty Street

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…

Association Alert

Former Association Member Can’t Sue for Breach of Fiduciary Duty

By Daniel Miske
March 24, 2022
Fiduciary Duty

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…

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