When it comes to declaration amendments, our firm is most often asked about restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals. (See HOA/Condo Rental Restrictions, Corporate Owners & Institutional Investors and Short-Term Rentals in North Carolina...
The Developer is Offering the Association (a lot of) Money to Sign a Release- Should the Board of Directors Consider Signing it?
Over the last year our firm has seen an uptick in offers to associations from the developer to pay money in exchange for signing a release.
The language of releases...
Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers
The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master...
Association Not Liable for Volunteer’s Actions in Pool Incident
In a recent case heard by the Illinois Court of Appeals, Muhs v. Fox Point Homeowners Association (the “Association”), the Appellate Court of Illinois ruled in favor of a homeowners association, stating that the association was...