Homeowner

The decision above addresses an association’s ability to file an independent action to foreclose a lien while a mortgage foreclosure action protected by a lis pendens is pending, a very meaty issue, so plenty of analysis. THE FACTS. The sequence of events which spans two separate foreclosure actions, lien and mortgage, and appeals of each: […]

Selective Enforcement / Nuisance At issue was the enforcement of two restrictions. The declaration of condominium prohibited: A unit owner from altering, modifying or replacing the interior of a unit without the prior consent of the Association’s Board of Directors. Another provision specifically applicable to flooring captioned “noise” stated: Unless expressly permitted in writing by the […]