Tag Archives: parties

Shutting Down Frequent, Unruly HOA Guests

Maybe one of your residents is dating someone who’s so loud that the neighbors are complaining. Or maybe a regular guest consistently parks in owners’ approved spots. Or maybe you have a problem like that of an association client of Kristen L. Rosenbeck, a partner at the Mulcahy Law Firm PC in Phoenix. “I represent a high-rise association that’s…

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Developer Liable for Damages Caused by Pond Alterations

Newton‘s Crest Homeowners’ Association v. Camp, Nos. A10A1573, A10A1867, Ga. App. Ct., September 24, 2010

Developer Liability: Summary judgment was denied to a developer who altered a detention pond, causing increased runoff to damage adjoining property.

Donald and Brenda Camp purchased six acres of rural property in Gwinnett County, Ga., and later purchased another six acres of adjacent property. Hunter’s Pond subdivision lies on the north side of their property line, and was developed around a lake. Historically, excess storm water from the pond drained into the creek on the Camps’ property.

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Marina Walkway Owner Entitled to Lease Bottomlands

Bay Cliff Estates Condominium Association v. Harbor Club Properties, Inc., No. 292083, Mich. App. Ct., September 21, 2010

Developmental Rights: A Michigan appeals court affirmed a finding that the owner of a walkway adjacent to the bottomlands of a marina was part of excepted property in the developers’ recorded master deed.

In keeping with the Great Lakes Submerged Lands Act, the state of Michigan leased the bottomlands of Suttons Bay marina to Church & Church, Inc. The property described in the lease included a walkway approximately 10 feet wide that runs along the edge of the marina. Harbor Club Properties and the other defendants built and operated a marina on the leased bottomlands and developed condominium projects nearby. An exception in the master deed for the condominium property excluded, “lands covered by the Suttons Bay Yacht Basin description, a proposed marina condominium.”

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