Condominium Law
 
Ken Watts v. Oak Shores Community Association

Here we hold, among other things, that homeowners associations may adopt reasonable rules and impose fees on its members relating to short term rentals of condominium units.
Two owners of one lot in a common interest development and one of two owners of another lot brought an action challenging regulations and fees adopted by the homeowners association. The association cross-complained against

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CK Regalia, LLC, etc., et al. v. John Thornton and Do Campo & Thornton, P.A.

CK Regalia, LLC, Abraham Cohen and La Mansion, LLC (collectively “the
Former Clients”) appeal an order dismissing their complaint against John Thornton
and Do Campo & Thornton, P.A. (collectively “Do Campo & Thornton”) with
prejudice. For the reasons that follow, we affirm.
FACTS AND BACKGROUND
Do Campo & Thornton entered into three separate contingency fee
agreemen

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Louis A. Fiore and Jean H. Fiore v. Richard O. Hilliker

Louis A. Fiore and his wife, Jean H. Fiore, challenge the declaratory
decree entered by the trial court in favor of Richard O. Hilliker subsequent to the trial
court's granting of Hilliker's motion for summary judgment. The resulting final judgment
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determined that Hilliker's property was no longer subject to certain deed restrictions of
record. We reverse.
Prior to 19

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Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu

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WSB Investments, LLC v. Pronghorn Development Company, LLC

Plaintiff WSB Investments, LLC owns an interest
in a timeshare unit at the Residence Club at Pronghorn
Villas Condominiums and, as a consequence of that ownership,
is a member of the associated nonprofit homeowners
association, the Residence Club at Pronghorn Villas
Condominiums Owners Association (the Res Club). When
the timeshare development, and the management of it by

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Robert Primo v. Benito Y. Garza and Briar Green Condominium Association

Robert Primo brought this suit to challenge the validity of an agreement between Briar Green Condominium Association and Benito Y. Garza, settling Garza’s wrongful foreclosure suit. Among other settlement terms, Briar Green
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agreed to waive Garza’s obligation to pay condominium maintenance fees for a
period of two years.
After Garza and Briar Green settled, Primo brought this

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Ryland Meews Homeowners Association v. Ruben Munoz

In this dispute between defendant Ruben Munoz and plaintiff Ryland Mews Homeowners Association (HOA or Association), plaintiff obtained a preliminary injunction requiring Munoz to remedy the unauthorized modification of the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contends that the superior court improperly balanced the prospective

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Villa de Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. v. Michael Stewart and Carrie Stewart

This is an interlocutory appeal from an order denying a motion to compel arbitration. In five issues, appellants Villa De Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. contend that the trial court erred
1See Tex. R. App. P. 47.4.
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by denying their motion to compel arbitration and for a stay of all other trial court proceedings pending arbitration. We r

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Cogswell Farm Condominium Association v. Tower Group, Inc.

In this declaratory judgment proceeding, the petitioner, Cogswell Farm Condominium Association (Cogswell), appeals an order of the Superior Court (McHugh, J.) finding that two exclusions in the insurance
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policies issued by the respondents, Tower Group, Inc. (Tower) and Acadia Insurance Company (Acadia), preclude coverage in the petitioner’s underlying lawsuit against Lemery Building Co

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Duane K. Rossmann v. Bishop Colorado Retail Plaza, L.P.

Bishop Colorado Retail Plaza, L.P. (Bishop) agreed to lease two suites in a shopping center to LTHM–Dallas Operations, LLC (LTHM). In August 2010, LTHM signed written leases for the two suites, and WestMed III, LLC (WestMed) subsequently guaranteed payment under the leases. Both leases commenced on November 29, 2010 and were for a period of five years. After LTHM and WestMed defaulted on their a

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Forrest Lake Townhouse Association, Inc. v. Billy R. Martin

This is a dispute between a homeowner and his neighborhood homeowners’ association. In three issues, Forrest Lake Townhouse Association appeals summary judgment on its lawsuit for damages and injunctive relief against homeowner Billy
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Martin for flying the American flag in violation of the HOA’s guidelines. We affirm.
Background
Martin owns a townhome in Forrest Lake Townhomes

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Mark Vukanovich v. Larry Kine

Judgment reversed and remanded for entry of judgment
reinstating jury’s verdict of $686,000; otherwise affirmed.
______________
* Lagesen, J., vice Wollheim, S. J.
624 Vukanovich v. Kine
Vukanovich and Kine, both real estate developers, agreed to work together
to purchase a parcel of real property from Umpqua Bank (the bank). The joint
endeavor failed, and the parties

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City of Tulsa v. Raintree Estates I, Inc.

¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or

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David A. Birchall v. Raintree Estates, Inc.

David A. Birchall and Linda Birchall sued Raintree Estates, Inc. seeking a declaratory judgment that Raintree Estates did not have the legal authority to "fine" them for failing to comply with certain rules adopted by the condominium association where they owned property.

See docket entries for the case below:

Date Code Count Party Serial # Entry Date
03-29-2004 TEXT 1

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William M. McDermott v. Marcus, Errico, Emmer & Brooks, P.C.

We are, once again, called upon
to interpret and apply the Massachusetts consumer protection
statute, Mass. Gen. Laws ch. 93A ("Chapter 93A"). This case has
humble origins: a seemingly-simple dispute over several $25 late
fees the Pondview Condominium trustees charged to one of their
residents, appellant William McDermott ("McDermott"), after he
didn't pay his condominium f

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United States v. Marva Adorno-Molina

Appellant Marva Adorno-Molina
("Adorno") was convicted on drug trafficking conspiracy and money
laundering charges related to her involvement in a wide-ranging
drug trafficking organization led by Angel Ayala-Vazquez ("Ayala").
Adorno challenges her drug conspiracy conviction on sufficiency
grounds. She also argues that her money laundering conviction
should be vacated purs

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South Commons Condominium Association v. Charlie Arment Trucking, Inc.

On June 1, 2011, a devastating
tornado struck the City of Springfield, Massachusetts. The twister
ripped through the downtown area and caused a great deal of damage.
Among the buildings affected were the South Commons Condominiums.
This appeal concerns the lawsuit the owners of those buildings
brought against the City, its officials, and one of its
contractors.1
The own

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Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc.

It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis
v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties,
compelling us to grant Great American Insurance C

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Montreaux at Deerwood Lake Condominium Association, Inc. v. Citibank, N.A.

After acquiring a condominium at a foreclosure sale, Appellee Citibank, as the trustee for the trust owning the property, filed a “motion to enforce final judgment of foreclosure” to determine the amount of unpaid condominium assessments owed to the association, Montreux at Deerwood Lake Condominium Association. The trial court held a hearing and granted the motion. The Association appealed an

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Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m

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Total Restoration, Inc. v. Vernon Merritt and Sandra Merritt

¶1 Vernon and Sandra Merritt appeal from the trial court’s
determination that a mechanics’ lien that Total Restoration, Inc.
recorded against the Merritts’ home was valid and enforceable.
Total Restoration recorded the lien after a dispute arose over
payment for flood-remediation work that Total Restoration had
performed on the home. The Merritts argue that the work Tota

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State of Utah v. GTrace C. Kelson

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el

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United States of America v. Joshua Michael Riley. Nicholas Collado and Jacob Fisher

LAS VEGAS, NV – U.S. District Judge Jennifer A. Dorsey sentenced three defendants this morning for their involvement in a conspiracy to distribute the synthetic drugs known as “spice” and “bath salts,” announced U.S. Attorney Daniel G. Bogden, for the District of Nevada.

Joshua Michael Riley, 32, of Henderson, Nev., was sentenced to 51 months in prison and three years of supe

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Charter Schools USA, Inc. v. John Doe. 93, etc., et al.

Charter Schools USA, Inc., The Downtown Charter School, Inc., Charter
Schools USA at Downtown Miami, L.C. (collectively Charter Schools) appeal
from an order denying their motion to dissolve writs of garnishment and to enforce
supersedeas bond. We find no error in the order on appeal and affirm.
This action was commenced on behalf of a minor child who claimed to have
been sexua

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Sonia Graciano v. Mercury General Corporation

Plaintiff Sonia Graciano suffered severe injuries when she was struck by a car driven by Saul Ayala (Saul). Saul was insured by a policy issued by defendant California Automobile Insurance Company (CAIC), which had policy limits of $50,000. Less than three weeks after Graciano's attorney first contacted CAIC alleging Graciano was injured
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by one of CAIC's insureds, during which time Graci

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