Exam 11: Real Estate Communities: Multiunit Interests and Owners Associations

Mechelle Medcalf (plaintiff) and a friend, Deborah Michelson, arrived at 1633 Washington Boulevard in Stamford, Connecticut, to visit their friend, Tracy Skiades, who resides at the Washington Heights Condominiums. Ms. Medcalf parked her car in the street level parking lot and walked to the lobby doors. The lighting in the parking lot was dim. She picked up the intercom and called Ms. Skiades. Ms. Skiades's brother-in-law answered and tried to let Ms. Metcalf in using the electronic buzzer system. The system did not work, so Ms. Skiades indicated she would come down and open the door. As she traveled down to the lobby, Ms. Medcalf was attacked and injured by Kenneth Strickler. Ms. Medcalf filed suit against Washington Heights Condominium Association and Professional Property Management Company, Inc., its managing agent.. Ms. Medcalf alleged that their failure to maintain the buzzer system was the cause of her assault and injuries. Discuss whether the Association and the management firm would have liability.

​Flowing Stream Townhouse Development's homeowners' association has adopted a rule that no owner can sell or lease his or her unit to a Tier 3 registered sex offender. Alice Strom is a Flowing Stream owner who has sold her townhome to a registered Tier 3 sex offender. The homeowners' association board has refused to allow the buyer to move into his townhome and has obtained a court injunction prohibiting his taking occupancy. -What standard will the court use in reviewing the actions of the association board?

A proprietary lease goes with which form of common ownership?

Norma and Mark Schwartz had a dog in their co-op, a violation of the co-op's no-pet rule. They promised the manager that they would make arrangements for the dog so that it was not living there, but each promise was followed by inaction. The manager would then warn again about the dog, another promise would follow, followed by inaction. The manager then brought an action against the Schwartzes for their removal from the co-op. Discuss the issues involved in this situation.

The Uniform Condominium Act has been adopted in a majority of the states.

A developer has the authority to change the declaration as needed to make accommodations to buyers.

Deborah L. Furniss was the executrix and sole beneficiary of the estate of her mother, Brenda E. Furniss, who owned a condominium at Coach Run Condominiums. With the issues of managing her mother's estate, Ms. Furniss failed to pay the association $6,017.88 in common charges and assessments. The association brought an action to foreclose on the Furniss unit. Discuss all the issues involved in foreclosure on such a unit for nonpayment of fees.

Condominium owners have no ownership rights in the common areas.

State laws governing homeowner associations have increased in the past few years.

Condominium ownership is not fee simple ownership.