|
Case No.
|
Date
|
Lawsuit Brief
|
Plaintiff - Defendant
|
|
COA00-556 THREE-B DISTRICT
North Carolina
Court of Appeals
Cause
Did Trial Court properly dismiss Associations claims on the ground that HOA lacked standing to sue?...
|
15-Aug-2000 |
Mr Happ purchased 236 acres from Weyhauser Real Estate Corp. and in 1994, put up a gate on the road on a spot approved by Creek Point HOA and Weyhauser Corporation.
In 1995 Kenneth C. Kremer, purchased an adjacent lot. In 1999, Creek Point HOA and Mr. Kremer sued Mr. Happ to restrain him from blocking the road leading into Mr. Happ's property on the ground that "All of the Creek Pointe Homeowner’s are entitled to the use of the road"
Creek Pointe CCRs give the HOA, the limited power of holding and administering the $200 per lot annual road maintenance assessment paid by the owners.
The Subdivision is not a planned community within the meaning of North Carolina Planned Community Act.
The trial court ordered the gate to be moved entirely on to Mr. Happ's property and dismissed the HOA's case.
The HOA is appealing the trial court's decision.
|
Creek Pointe HOA and Kenneth C. Kremer
vs
Richard HAPP -
99CVS264 Pamlico County
Weyhauser Real Estate Co. Inc.
Third Party Defendant
North Carolina
|
|
1999-456
164TH JUDICIAL DISTRICT
Texas
Cause
Contributory negligence, fraud, duress, breach of contract, emotional distress
|
14-Jul-2000 |
Cross complaint of defendant Steve Solcich and counter claim against Huntington Village Community Association (HVCA).
Homeowner Steve Solcich moved out of HVCA and is asking court to award him $2 million for:
" Contributory negligence, breach of corporate formalities, fraud, duress, infliction of emotional distress caused by State imposed mandatory membership in the HOA and reign of terror with litigation financing provided by co-conspirator CHUBB Insurance . " |
Johnny Johnson and Palma Sales
vs
Huntington Village Community Association, Inc., J. David Schaub dba Community Billing Service, Sarah Winkler Individually, Charles Norvell, Individually
Texas
|
|
Pending
Maryland
Federal court
Cause
Federal discrimmination suit
|
23-Jan-2000 |
Board sued Mr. & Mrs. Jeffrey Marthon over noises from their condo. Marthon has Tourette's syndrome, a neurologial disorder that causes him to make involuntary hooting and barking sounds, cleat his throat and stomp his feet.
Marthon, a lawyer, filed a federal discrimmination suit. |
Jeffrey Marthon and his wife Maureen Kilty
vs
Maple Grove Condominium Association, Downers Grove Condominium Association, Alpha Property Management
Maryland
|
|
Pending
Orange County Superior Court
Cause
Complaint to paint a home and an excuse to collect thousands of dollars in lawyers fees by association lawyer
|
23-Jan-2000 |
Homeowner ordered to paint a home that had been painted less than five years ago.
Association fined homeowner $100. with each demand. Homeowner agreed to paint.
Association and lawyer mushrooms demand into a lawsuit that is snowballing through the Orange County Courts enriching both lawyers and judges. |
Jane Doe
vs
Homeowner Association
Orange County, California
|
| 80-80-94
Orange County Superior Court
Cause
Complaint to determine validity of election of directors of corporation abd for injunctive relief, declaratory relief
|
23-Feb-2000 |
Homeowner Jackson sought to invalidate an election based on several major reasons including:
- insufficient number of votes
- no secret ballots
- election conducted by mangement company - not board
- no parlianentary procedures
- no announcement of culmulative voting
- insufficient quorum...
Homeowner prevailed on the basis that there were insufficient votes. Judge Ronald C. Kline invalidated the election and ordered a new one. |
Irene R. Jackson
vs
Gilbert Vista Association, Mark Givens, Lillian D. Cosgro, Lelia Lois Hood ...
Orange County, California
|
|
80-80-94
Orange County Superior Court
Cause
Board does not have authority to prevent owner's 2nd storey addition
|
23-Feb-2000
|
Board denied homeowner ARC approval for 2nd story addition claiming "view protection".
Judge ruled that board does not have authority to create view protection regulations not provided for in the CCRs and awards homeowner $50,000 in damages plus attorney costs $83,750.50."
A separte motion to tax costs has been set for hearing on May 11th.
|
Robert A. Simon &
Kathleen H. Simon
vs
Eastbluff Homeowners Community Association
Orange County, California
|
|
|
SC 33595
Orange County Small Claims Court
Cause
Board does not have authority to cut down trees on homeowners private property
|
15-Jul-1996
|
Board does not have the right to cut down homeowner's tree in private yards.
|
Michael & Gina McClure
vs
SAMLARC HOA
Merit Property Management
Rancho Santa Margarita, California
|
|
FTC Consent Decree
Approval
Washington
DC
|
15-JUN-1994 |
Federal Trade Commission gives final approval to Consent Agreement with CAI |
Federal Trade Commission
vs
Community Association Institute (CAI)
|
FTC Violations
Charge
Washington
DC
|
01-MAR-1994 |
Community Association Institute to settle charges of Federal Trade Violations over client solititation restrictions |
Federal Trade Commission
vs
Community Association Institute (CAI)
|
|
700229
Orange County Superior Court
Cause
TBD
|
20-Jul-1993
|
Association sought to deny homeowner right to display POW/MIA flag and distribute political literature
|
Rocking Horse Ridge Estates Association
vs
Vera Armstrong Cherry and DOES 1 through 100 inclusive 100, inclusive
Orange County, California
|
American Homeowners Resource Center
P.O. Box 97 * San Juan Capistrano
California 92693
Phone: (949) 366-2125 • E-mail:ahrc@ahrc.com
© 1998 - 2000, AHRC News Services
|
