Homeowners Association and Landlord-Tenant Disputes

Dozens of commercial breach of contract disputes between owners and tenants including national retailers, businesses, fitness centers, massage spa, medical, dental and law offices, a theatre, nonprofits, and restaurants arising out of nonpayment of rent that accrued during COVID-related restrictions.

Innumerable cases between landlords and property management companies against tenants alleging failure to pay rent, surrender possession of property, nuisance including illegal activities such as committing theft, drug use, unauthorized possession of pets, excessive noise and smoke, illegal parking, destruction of property, unauthorized occupants and guests, threatening behavior. Often tenants claim uninhabitable conditions pertaining to lack of heat, proper plumbing and electricity, broken windows, doors and appliances, safety issues, rodent and vermin infestation, bed bugs, discrimination, harassment and retaliation.

Individuals who had service contracts with an HOA sued the HOA and individual board members alleging money had and received, and tortious interference with management agreements, hacking email accounts and misappropriation. Participants in the mediations involved current and past board members, HOA counsel, insurance counsel, and HOA bankruptcy and reorganization counsel.

Numerous cases brought by homeowners’ associations against homeowners arising out of claims of nuisance, non-payment of dues or assessments. Often these cases include counterclaims by the homeowner against the HOA. Mediation participants include HOA board members, HOA private counsel, insurance counsel and adjusters, plaintiffs and their counsel.

Several cases brought by a HOA member or HOA board member alleging the HOA board failed to comply with statutory governance requirements. Issues include recordkeeping, fine assessment, irregular board voting and notice.

Several cases brought by HOA members against their HOAs claiming failure to maintain common areas resulting in water and other forms of property damage to the plaintiffs’ property.