Tag Archives: phase

Court Rules Decks are not Part of Common Area

Burns v. Moorland Farm Condominium Association, No. NC-2007-0610,
R.I. Super. Ct., Aug. 27, 2010.

The Rhode Island Supreme Court recently ruled that decks appurtenant to condominium units were not considered common areas where the decks were for the exclusive use and enjoyment of the individual condo owners. 

The condo association levied special assessments of over $900,000 to repair decks in Phase I of the development over the course of three years.  Owners in all three phases of the development were required to pay the special assessments, but only Phase I owners received a benefit from the deck repair.

The court analyzed the association’s declaration and found that an “outside deck” is listed as an allowable feature in the “Code of Features.”  Furthermore, there is no mention of decks or porches in the common area section of the declaration nor are they specified as “limited common areas”.  Almost every deck is accessible only through the adjoining unit and only owners and invited guests may use the decks.

Based on the court’s finding that the decks were the responsibility of the individual condo owners, the association was required to refund the special assessments levied against Phase II and III owners.

This site and any information contained herein is for informational purposes only and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.

Read more

NJ: Age restrictions remain an issue for Absecon Gardens condominium complex

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Construction has progressed in recent weeks on the Absecon Gardens condominium complex as crews work to finish the first phase in time for an opening early next year. But still uncertain is how old you’ll have to be to live there.
Read more

Court of Appeals Finds for Developer in Homeowner Uprising

    The South Carolina Court of Appeals handed down a decision last week against a group of disgruntled homeowners who attempted to create their own property owners’ association. 

    The homeowners live in Phase I of Wright’s Point Plantation, a waterfront community in Beaufort County. Wright’s Point was purchased by the developer in 1997, and in 1998 the Declarations of Covenants, Conditions, Restrictions, and Easements (“Declarations”) were recorded. Subsequently, the Wright’s Point Homeowners’ Association was incorporated. In 2003, several property owners from Phase I decided to band together and form a new entity: The Wright’s Point Property Owners’ Association. The Phase I owners disapproved of certain Architectural Committee Requirements and did not wish to share Phase I amenities with owners in future phases of the development. 

    The newly founded Property Owners’ Association held it’s first annual meeting, which the developer attended with his attorney. The developer contested the existence of the new association under the Declarations and stated that only the developer could appoint and remove directors, the meeting was not official, several owners had not been provided with notice of the meeting, and any meetings done without the developers’ knowledge were “not legal.”

    The homeowners then filed suit asking the court to declare, among other things, that the developer’s authority to control appointment of directors and officers had terminated, the Wright’s Point Property Owners’ Association was valid, and only the owners in Phase I had a right of use and access to the common areas owned by the Association. The homeowners also sought an injunction against the developer to prevent him from trying to control the business of the Association. The developer counter claimed for damages in multiple causes of action to include civil conspiracy, breach of contract, breach of implied covenant of good faith and fair dealing, conversion, tortious interference with contractual relationships,

Read more