Unit Owner vs. Association Dispute Regarding “Duty to Repair”

If you live in a community governed by an association – whether it is a condominium association or homeowner’s association – you may find yourself at odds with the association over certain issues. Or the association may find itself at odds with you over positions you want to take. This seemed by the dynamics of a recent appeal dealing with the duty to repair damage. In this matter, a unit owner notified its condominium association over leaks and mold in its unit. A driving leak was caused by a leak from an upstairs unit. The association did not remediate the unit...

13 March

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Strict Construction of Condominium and Homeowner Association’s Declarations

Posted by David Adelstein

in Trial Perspectives

Do you live in a condominium or in a homeowner’s association? If so, then you know you are governed by a Declaration of Condominium (in the case of condominium unit ownership) or a Declaration of Covenants (in the case of home ownership). Please review these in addition to any amendments that may modify any of the paragraphs or covenants. These are recorded in the official, public records where the condominium or homes are located. So, you can obtain these documents online with ease. Declarations are covenants running with the land operating as a contract between the governing association and owners. See Woodside...