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Kentucky Condominium Association
Recent Cases to Ponder
Be Sure you Pay Enough for your Foreclosure Purchase.
Recently the S. Carolina Supr. Ct. in a rambling and whiney opinion
castigated an association and foreclosure purchaser, and voided a foreclosure sale because the sale amount was too low.
Stripped of all the drive-by commentary, the holding consists of a sentence:
"Under the Equity Method, [the buyer's] bid accounted for approximately 4.9% of the value of the Property,
which was far less than the 10% threshold we have looked to in the past. As a result,
under the circumstances presented in this case, [the buyer's] winning bid was so grossly inadequate
as to shock the conscience of the court."
You can read the full tale of woe here:
Winrose Homeowners' Assoc v. Hale.
Sixth Circuit Says Smokers have Rights, Too.
A non-smoking condo owner got steamed over the neighbors smoke and sued the association
claiming her "asthma" was a protected disability, the smoke was a nuisance and the board was required to prohibit it.
Reminding the Plaintiff that property rights are still important and that not every discomfort
is a protected disability, the Sixth Circuit affirmed the dismissal by the district Court.
This is a good decision for condo managers to review:
Phyllis Davis v. Echo Valley Condo Assoc..
Ky Condominium Law Major Revision
Effective Jan 1, 2011, the Commonwealth of Kentucky adopted the Kentucky
Condominium Act. This representented a major revision of
Kentucky Horizontal Property Law created in 1962 and added numerous new obligations for condominium associations.
Read more...
Condominium Association Sued?
Board members can become personally liable for association debts if they
fail to act prudently.
Read more...
Organizational Issues
-How to Create or Re-Create a Board
Operational Issues
-Making it All Work Smoothly