Failure to Properly Maintain Balcony Deck + Leaks to Lower Units and Common...
Does your condo association have limited common element balconies? Are owners required to maintain them? Does the association and/or the owners understand the waterproofing system and how to maintain...
View ArticleSolar Panels: Let the Sun Shine In But Only After Approval
Colorado law prohibits associations from adopting rules or regulations that effectively prohibit the installation of solar panels, although associations are allowed to adopt reasonable rules governing...
View ArticleExtra Fees for Owners Who Rent Their Units?
An unpublished decision in a lower California court recently upheld a community association’s attempt to charge substantial extra fees to owners who rent out their units. Stating that they were acting...
View ArticleNot So Wild Life
Several months ago we wrote about wild life in associations. In that article we discussed concerns with liability if owners are injured by animals in a community and what association can do to address...
View ArticleAnatomy of An HOA Dispute Run Amok
After 11 years of battling, a judge has finally resolved an outstanding covenant enforcement dispute which involved many court hearings, a jury trial, two appeals and then a second trial. That’s...
View ArticleSlow Down! In the name of the (HOA) Law!
I have an 11 year old daughter that I will not let play, or even ride her bike, on our street. Why? Because I consistently witness maniacs zooming by my house, in their cars, at 100 miles per hour...
View ArticleFrivolous, Meritless Fair Housing Complaint Results in Attorneys Fees Awarded...
A homeowner in Buffalo New York failed to maintain her patio in a clean manner and neighbors decided to help her out by cleaning the patio while she was away on a trip. In return for their help, Ms....
View ArticleHomeowners Association Found Negligent for Failing to Resolve Second-Hand...
After a five-week trial, a California jury found the Bella Palermo Homeowners Association negligent for failing to resolve a second-hand smoke dispute between neighbors at a Trabuco Canyon condominium...
View ArticleWithdrawing Land After Purchase? Oh I Don’t Think So!
CCIOA has an interesting provision, contained in Section 210(4), which allows developers to withdraw property included in an association only if: (1) a portion of the real estate is subject to...
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Are Associations Guarantors of Owners’ Quiet Enjoyment??
Although smoking is generally on a decline, the problems associated with smoking in condominium communities (and sometimes in attached townhome communities) continues to rear its ugly head with the...
View ArticleColorado Supreme Court Will Consider Community Association Case
The Colorado Supreme Court has accepted certiorari in the case of Pulte Home Corporation v. Countryside Community Association. Opening briefs as well as a motion to allow an amicus (friend of the...
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