Injunction

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Parked Cars
Facts

The parties to this suit both reside in a condominium association.  Each party owns a unit, and each has parking spaces.  The dispute is over the fact that when the Grudziecki parks their car in their parking spot, even within the lines, it is difficult, if not impossible, to access the ramp to the garage entrance and elevator area from the left side.  As a practical matter, unit owners who wish to access the elevator area must walk to the right side of the ramp when Grudziecki is parked there.  The Greenbergs, whose parking spaces are directly across from Grudziecki’s spot, wanted the court to order that that Grudziecki pull the car forward or move farther toward the left side of the parking space so that they could enter the elevator area from the left side, instead of being “forced to walk around the right side of the ramp, which is farther away from their parking spaces.”  Mrs. Greenberg is disabled and requires the use of a walker and entering from the left would save Mrs. Greenberg a few steps.  When the matter could not be resolved, the Greenbergs filed suit.
Continue Reading Just Because a Resident Has a Disability, an Accommodation May Not Be Reasonable

Apple vs. Pear

Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019)

Summary

In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The association did not have to give the tenants an opportunity to be heard, unlike the rights of actual unit owners.
Continue Reading Tenants Due Process Rights are NOT the same as Owners Rights

Do Not Distrub Guests

A Court in Louisiana recently tackled the issue of short-term rentals (New Jax Condominium Association, Inc. v. Vanderbilt New Orleans, LLC, 219 So.3d 471). A Condominium Association adopted an amendment to its bylaws during its annual meeting prohibiting short term rentals. When a Unit Owner continued to engage in short-term rentals, the Association sued and received a permanent injunction, preventing the Unit Owner from continuing to engage in short-term rentals. The Unit Owner appealed, alleging that the amendment to the bylaws was invalid because certain board members had conflicts of interest, and because one board member changed his vote during the voting.
Continue Reading Banning Short-Term Rentals