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Legal & Legislative News from CAN
Items in the news about condominium and homeowner association legal and legislative issues, compiled by the Community Associations Network
- NV: Waiting for the HOA FBI investigation fallout
Over the past few weeks there have been a number of local media reports about FBI investigation concerning homeowners associations, individual board of directors (who allegedly were serving on more than one association board), management companies, a construction company and legal firms. - FL: Orkin Files Federal Lawsuit to Void Settlement with Wildwood Condo Assn
Pest-control giant Orkin has filed a federal lawsuit aimed at escaping a recent legal settlement that would require the company to pay an estimated $6 million to repair a termite-ravage condominium complex in Sumter County - NV: Meridian lawsuit may be expanded
A lawsuit filed by 16 owners of units at the upscale, troubled Meridian condo project may be expanded to a class action, according to attorney Michael Mushkin. Approximately 40 more owners have signed retainers, he said. - FL: SkyPoint developers deny lawsuit allegations
Developers contend a block on Ashley Drive where SkyPoint rises 32 stories was cleaned of pollution caused by underground petroleum tanks prior to the closing on the property in mid-2005. - FL: Hurricane-damaged Volusia condo deserves nearly $1M from state insurer
A Daytona Beach Shores condominium won nearly $1 million Thursday in its insurance claim for 2004 hurricane damage, providing a key victory for beachfront properties fighting Citizens Property Insurance Corp - FL: Condo Boards Want Banks' 'Free Ride' to End
Condo owners and local politicians who accuse banks of delaying foreclosures on units to avoid association fees want to change state law in order to stop it - CO: Obama sign removed; woman charged with theft
Dempsey insists she was merely acting in her capacity as vice president of the Aspen Village homeownersВ’ association (HOA) when she removed the sign - FL: Gay Hate in Miami Beach
The call came in to Tower 41 Condominium, a salmon-pink set of buildings on Pine Tree Drive, on February 22, 2006. Why, asked real estate broker Ricardo Herran, had his client's application to live there been rejected? - FL: Condo board powers in storm emergency raise questions
Should a hurricane again strike Florida, condo boards now possess an unprecedented ability to quickly act. - FL: 26 sue law firm over West Palm Beach condo money
More than two dozen buyers trying to recover deposits on the failed Palladio Terrace condo have filed a $2.5 million lawsuit against the Gunster Yoakley law firm, claiming the firm failed to properly guard their cash when it served as the condo's escrow agent. - AZ: State should just stay out of HOAsВ’ business
Two years ago, the Legislature tried to level the playing field between homeowner associations and individual members by authorizing state hearing officers to take up their quarrels. - MN: Petters case touches Northfield condo development
The arrest and impending prosecution of Twin Cities businessman Tom Petters has ripple effects for the residents of Village on the Cannon condominium development in Northfield. - FL: Lawyer files unusual suits to get clients out of condo sales deals
Some condo buyers want to get out of their purchase contracts based on expectations that developers won't be able to honor future obligations. - IL: Condo law needs teeth
According to Bill Van Emburg, chair of the Prairie District Neighborhood Alliance's zoning committee, it's not difficult to find condo buildings in the South Loop grappling with construction defects and special assessments to pay for them. - TX: Investors sue to recover $1.65 M from fraudulent condo development
In 2005, two Arkansas men thought they were investing $1.65 million in a hot deal in North Carolina to develop condominiums on the last available beachfront on the entire East Coast. - HI: Lawsuit seeks to remove Ilikai developer from board
Ilikai hotel developer Brian Anderson was slapped with another lawsuit this week seeking to remove him from the condominium association board and claiming that he persistently failed to pay association fees that now total more than $845,000. - NV: Bank parent claims court win
Western Alliance Bancorporation said Wednesday that it won an initial courtroom battle in a dispute that revolves around $1.2 billion in deposits at a failed bank. - FL: Broward Coalition files challenge to electioneering law
When the Broward Coalition of Condominium, Homeowners and Community Organizations wanted to include a primer on ballot amendments in its newsletter, president Charlotte Greenbarg said she ran into an obstacle: Florida's electioneering law. - Japan: Condo owners sue govt over faked quake data
Residents of two condominium buildings in Tokyo and Kawasaki whose antiseismic capabilities fail to meet government standards have filed a lawsuit against the central government and other relevant organizations seeking 1.05 billion yen in compensation and rebuilding costs. - FL: Condos say state insurer owes them millions for 2004 hurricane damage
Now, several beachfront condominiums in Volusia, unhappy with claims paid out by the state-run insurer, are taking Citizens to court. - VA: Broadlands residents sue association over hospital
Broadlands residents filed suit against their homeowners association, seeking to void the supportive vote of the Broadlands Regional Medical Center that was cast on Sept. 9. - NV: New Details Coming to Light in HOA Investigation
The I-Team is uncovering new details in the ongoing political corruption probe into homeowners' associations. For weeks, information has been trickling out. Now new details have come to light on how the deals went down and how lax enforcement opened the door for potential corruption - MD: County refunds property owners more than $440K
Montgomery County is refunding more than $440,000 to hundreds of homeowners associations - NY: Court says no to private prosecutors
The appellate panel's decision upholds a January 2007 ruling by state Supreme Court Judge James V. Brands in a case stemming from an altercation at a condominium board meeting in Fishkill in 2005. - CO: Judge sides with Cherry Creek owners over HOA
Cherry Creek Springs, a neighborhood of 5-acre ranchettes on the edge of Black Forest, might be better known as Lawsuit Springs for as much time as its homeowners association has spent suing its residents. - SC: Lax laws fall short for condo buyers
Millions of dollars are missing from the Atlantic Palms Resort condominium development in Myrtle Beach, including deposits from investors who never received their units, a situation real estate experts say points out a glaring weakness in South Carolina's real estate laws. - NY: State code may