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Category Archives: Recent Cases in Community Association Law

South Carolina Supreme Court Issues Decision Limiting Former Developer’s Right to Assign Its Rights or Amend Restrictive Covenants

AJG Holdings v. Dunn, Op. No. 27455 (S.C. Sup. Ct. filed October 22, 2014) (Shearouse Adv. Sh. No. 42 at 29)

On October 22, 2014, the Supreme Court of South Carolina issued an opinion upholding a ruling by the South Carolina Court of Appeals that once a developer no longer has a sufficient property...
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Pet Policy Must Allow for Reasonable Accommodations Under Fair Housing Act

Casagmo Condo. Ass’n v. Venegas, No. DBCV094010514S, Conn. Super. Ct., Aug. 31, 2010.

Ms. Venegas purchased a condo unit in the Casagamo Condominium Association in 2008. Before closing, she received the association’s governing documents, which included a regulation prohibiting pets in all units. Shortly after moving in, Ms. Venegas got a…

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Associations Can Collect Delinquent Assessments Accruing After a Homeowner Files Bankruptcy

After a debtor files a bankruptcy case, the court enters a discharge order, which forever discharges and makes unenforceable many debts owed by the debtor.  However, the bankruptcy code exempts certain debts from this discharge. Among these are debts “for a fee or assessment that becomes due and payable after the order for relief to a…

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