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Condominium and HOA Boards may encounter a situation where their income and reserves are insufficient and unable to meet their capital needs. Although a special assessment can be mandated, often this is not the ideal situation. 

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Educational Articles & Case Decisions by Category

Recent Articles & Case Decisions

Can HOA Force Removal of Solar Panels?

Can HOA Force Removal of Solar Panels?

This case involved a dispute between the owners of a home located within a common interest community (“Owners”) and their homeowners association (“Association”) over Owners’ right to install solar panels on the front portion of the roof of their home that was clearly visible from the street.

Property Manager May Be Liable to HOA For Tortious Conduct and Breach of Contractual Obligations

Condominium Association Sues Property Manager Citing Multiple Breaches

This case involved a lawsuit between a 734-unit condominium owners association (“Association”) and its longtime property management company (“Manager”). In 2017, Association sued Manager seeking to recover monetary damages for breach of contract and breach of fiduciary duty. Association’s attorney in the lawsuit against Manager had previously represented Manager in an unrelated matter.

Find out Who is Protected by the Business Judgment Rule

Find out Who is Protected by the Business Judgment Rule

This case involved claims by the owner of a N.Y. Co-Op (“Owner”) against the Co-Ops board of directors (“Board”) and managing agent (“Manager”) for damages based on a failure to properly maintain the exterior of the building.

Court Says Board Cannot Make Repair and Maintenance Decisions in Executive Session Meetings

Court Says Board Cannot Make Repair and Maintenance Decisions in Executive Session Meetings

This case involved a dispute between the owner of a townhouse (“Owner”) and her homeowners association (“Association”) over the removal of common area trees.

Disgruntled Association Member Gets Hit with 7 Figure Judgment

Disgruntled Association Member Gets Hit with 7 Figure Judgment

This case involved a dispute between two husband-wife couples who are members of a homeowners’ association (“Association”) that governs a luxury condominium complex.