by Phoebe E. Neseth, Esq. | Mar 13, 2023 | Court Cases, Other
The Supreme Court of Michigan denied an insurance and surety brokerage firm’s application for leave to appeal the judgment of the Michigan Court of Appeals in favor of a Michigan condominium association due to lack of persuasion that the questions presented by the...
by Phoebe E. Neseth, Esq. | Nov 16, 2022 | Court Cases
The Supreme Court of North Carolina unanimously determined that a condominium has the power of sale for foreclosure for nonpayment of an assessment given the plain language of the North Carolina Condominium Act of 1986 and the condominium association’s declaration....
by Phoebe E. Neseth, Esq. | Apr 21, 2022 | Court Cases, State Advocacy, Uniform Act
The Supreme Court of Texas determined that a party may qualify as a “prevailing party” under the Uniform Condominium Act by the parties who bring claims or successfully defend against claims. This case concerned whether a defendant condominium association is entitled...
by Phoebe E. Neseth, Esq. | Mar 1, 2022 | Court Cases
The Supreme Court of the State of Washington determined that a homeowners association’s governing documents grant the association broad discretion in setting assessments and that its decision on assessments is entitled to substantial deference. The court affirmed in...
by Phoebe E. Neseth, Esq. | Feb 10, 2022 | Court Cases
The 2022 CAI Community Association Law Seminar, organized by the College of Community Association Lawyers (CCAL) is taking place this week in Palm Springs, Calif., and includes a virtual experience for attendees such as attorneys, community association managers, and...
by Phoebe E. Neseth, Esq. | Sep 10, 2021 | Court Cases, Uniform Act
The Colorado Court of Appeals on Aug. 12 determined that a town of Vail ordinance requiring condominium units to “remain in the short-term rental market” was, on its face, discriminatory and violated the Colorado Common Interest Ownership Act (CCIOA), and a...
