Just. Follow. The. Rules.

Ob-sti-nate. adj. Stubbornly refusing to change one’s opinion or chosen course of action, despite attempts to persuade one to do so. We might add to the above definition a picture of the defendant in Fox Pointe Association v. Ryal, where summary disposition in favor of the plaintiff condominium association was recently confirmed by the Michigan Court…

Be Careful With Your Bylaw Restrictions

We recently wrote about some homeowners who plainly violated the restrictive covenants in their association’s governing documents when they painted their home blue without submitting an application for approval. Another case involving a blue house from Nebraska recently caught our attention, Estates at Prairie Ridge Homeowners Association v. Korth, 904 N.W.2d 15 (Neb. 2017). However,…

Homeowners Try to Defend Themselves, Association Brings Them Back to Earth

This one had us shaking our head. Why do some people refuse to seek professional legal guidance when it is obvious that they need it? Few attorneys with any experience in community association law would have advised these homeowners to fight the association in this matter. In Hawthorne Ridge Homeowners Association v. Wang, Not Reported…

California Gets Aggressive With Solar Power in Community Associations

In what may be interpreted as an overreach by California’s state government through legislation (AB 634) enacted in October 2017, community associations in that state (including condos) now have significantly less control over installation of solar systems by owners, including installations on roofs that are part of the “common area” (what we know here in…

Appeals Court Confirms Subdivisions Not Subject to Michigan Condominium Act

Some people think they might be able to save money in litigation with their community association by representing themselves, without an attorney. In legal terms, they appear in propia persona, or “pro per”. A recent unpublished appellate court decision, Brock v. Winding Creek Homeowners Association, et al. (Not Reported in N.W.2d, 2017 WL 1488994), is…

Don’t Forget Which Months Have 31 Days

Your condominium’s or subdivision’s governing documents likely contain many provisions setting forth certain windows of time or deadlines by which certain actions must be taken, for example, giving notices of member meetings, taking action without a meeting, or responding to architectural modification requests. These deadlines will be enforced strictly by the courts in litigation, so it’s…