Recent Successes
For the successful operation of a community association, we
strongly believe and advocate "communication, not litigation."
Nonetheless, there have been instances where litigation is
required to solve problems for an association. Recently, the
attorneys of Kaman & Cusimano have:
*Successfully argued that
an association did not engage in any discriminatory housing practice
by not maintaining an owner’s limited common element sidewalk, which
was installed as an accommodation.
Facts: Owners at an association
in North Royalton, Ohio, alleged that the association wrongfully
discriminated against them by failing to shovel a limited common
element sidewalk, which the owners requested permission to install
due to their disabilities.
Kaman & Cusimano successfully
argued that the association only permitted the installation of the
sidewalk and was under no obligation to maintain it. The Ohio Civil
Rights Commission agreed and found that the association did not
engage in any discrimination.
*Successfully argued in
front of various county Boards of Revision that common elements or
land owned by the association were either not to be taxed at all or
should have a greatly reduced tax value.
Facts: A number of homeowners
associations were separately taxed by various counties at inflated
values for the common elements or land owned by the association.
Kaman & Cusimano successfully
argued that these parcels were to be taxed at a nominal value. For
eight associations, Kaman & Cusimano was able to receive tax
reductions on 18 parcels in the amount over 1.1 million dollars.
*Successfully argued that
an owner was breeding a dog and creating a nuisance on the
condominium property.
Facts: An owner in Olmsted
Falls, Ohio, permitted her dog to run on the property without a
leash, failed to clean up the pet waste and allowed her dog to breed
multiple litters in violation of the association’s restrictions.
Kaman & Cusimano successfully
obtained a court order requiring the immediate and permanent removal
of all the dogs owned by the owner from the condominium property.
In addition, the court required the owner to reimburse the
association $1,500.00 in legal fees.
*Successfully argued that an association has the right to require a
uniform appearance and required a unit owner to paint his door.
Facts: An
association in Westlake, Ohio required an owner to paint or replace
his white door with a black door to conform with the association’s
architectural requirements and maintain the overall uniform appearance
of the property. After several notices, the association authorized
our office to file a lawsuit in the Court of Common Pleas as the
association’s rules clearly provided that all doors must be black.
Kaman & Cusimano was
able to obtain a ruling from the Court in favor of the association
that required the owner to paint his door black and awarded the
association over $4,600.00 in attorneys’ fees.
*Successfully recovered $15,000.00 from the developer for the
association’s reserve account.
Facts: A Copley,
Ohio association authorized our office to file a lawsuit against the
developer of a condominium development for failure to maintain the
required $15,000.00 cash reserve balance in a special account and to
turn over the funds to the association upon relinquishment of control.
Kaman & Cusimano, on
behalf of the association, was able to obtain the $15,000.00 from the
developer and the lawsuit was dismissed.
*Successfully argued that a non-owner occupant of a unit was a
nuisance and had him permanently removed from the property.
Facts: An
association began receiving complaints regarding a non-owner occupant
of a condominium unit. This occupant was seen running in the common
element hallway with a rifle, pistol, sword, and a machete, and
threatened several owners and residents. The association authorized
our office to file a lawsuit seeking a Temporary Restraining Order and
Preliminary and Permanent Injunction to have the occupant removed from
the condominium property.
Kaman & Cusimano
argued that the occupant’s activities were a nuisance and a danger to
all of the other residents. The Court agreed and the association
obtained a permanent order prohibiting the occupant from entering onto
the condominium property. Kaman & Cusimano was also successful in
obtaining a judgment recovering all of the association’s attorney’s
fees.
*Successfully argued that counterclaims by delinquent unit owners are
not permissible.
Facts: The
association filed a lien on a delinquent unit and pursued an action in
foreclosure. The delinquent unit owner filed a counterclaim alleging
the association failed to maintain the lawn and building exteriors
resulting in water damage to his unit.
Kaman & Cusimano, on
behalf of the association, successfully argued that pursuant to the
Ohio Revised Code, the owner could not assert a counterclaim in
response to an action for nonpayment of assessments. As a result, the
owner paid the association the $6,000.00 he owed and his counterclaim
was dismissed.
*Successfully argued that an association exists and can act pursuant
to the terms of the Declaration, Ohio’s Condominium Act and Ohio’s
Corporation Act.
Facts: Twenty-three
unit owners sued an association claiming it was not a valid
association and had no authority to assess units or to enforce
restrictions contained in the Declaration and Bylaws.
Kaman & Cusimano, on
behalf of the association, successfully argued that pursuant to Ohio’s
Not for Profit Corporation Act and Ohio’s Condominium Act, the
association was validly in existence. As a result, the association
had the authority to enforce the restrictions contained in the
Declaration and Bylaws and to assess unit owners in order to maintain,
administer, and operate the property.
*Successfully negotiated a settlement with a developer in favor of an
association with structural defects.
Facts: Structural
defects caused maintenance problems for an association.
Kaman & Cusimano, on
behalf of the association, was able to negotiate a cash settlement
from the developer. The money will be used to repair the structural
defects.
*Successfully argued that a dog that was permitted on the property had
to be removed as it was a nuisance.
Facts: A unit owner
failed to clean up after her dog, properly leash the dog, and control
it in the common elements. The association levied enforcement
assessments and requested repeatedly that the unit owner leash and
clean up after the dog.
The attorneys of
Kaman & Cusimano were able to negotiate a settlement with the unit
owner that resulted in the dog being removed from the unit and the
payment of all penalty assessments and attorney fees.
*Successfully argued that an association has the right to remove
articles left in the common elements.
Facts: A unit owner
sued his association alleging theft. He stored a futon in the common
element hallway. After repeated warnings, the association removed the
futon and placed it in storage.
The court agreed
with the association that it had the right to remove the futon. There
was no “theft.” The association won at trial.
*Successfully recovered, through the foreclosure process, funds in
excess of $15,000.00 owed to an association by a delinquent owner.
Facts: An owner
failed to make required payments for maintenance fees. After the
owner’s account became increasingly delinquent, the association filed
a lien, and, when it received no response, a foreclosure complaint was
filed.
A little less than
one year after filing the foreclosure complaint, the unit was sold at
sheriff’s sale. The proceeds were then distributed to the
association, in the form of a check for $15,367.35 representing an
amount that covered the entire outstanding balance, including attorney
fees, filing fees, and court costs.
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