Condos & Homeowners' Associations / Natural Rights

Question 1

Condominiums

Answer 1

Each owner owns the interior of their individual unit plus an undivided interest in the exterior and common elements.
* Because condominium unit ownership is treated as fee ownership, the ordinary rules against restraints on alienation apply.
* Ex: Common stairways, landscaping, the front gate, the community room, and the game room.

Question 2

Homeowners’ Associations

Answer 2

• Each condo owner is a member (members elect a board)
• Oversees common elements
• Board governs declaration of covenants, conditions, restrictions (CC&Rs)
• The board enforces the CC&Rs
• Each condominium unit owner must pay regular (for example, monthly) dues to the HOA which are used by the association to maintain the common elements.
• If the monthly fees are insufficient to pay necessary expenses (for example, a major roof repair is needed)? The HOA may impose an additional fee (called a special assessment) that each owner must pay.

Question 3

Lateral Support (Right Incidental to Ownership of Land/Natural Rights)

Answer 3

Right to have land supported in natural state

If landowner causes adjacent land to subdivide (A landowner is strictly liable if their excavation causes adjacent land to subside):
* Land in nature state = Strict Liability
* Land improved = Liability if negligent (If land is improved by buildings and an adjacent landowner’s excavation causes that improved land to cave in, the excavator will be liable only if negligent)

Question 4

Riparian Doctrine (Water Rights)

Answer 4

Water belongs to those who own land bordering watercourse (riparians)

Reasonable Use Theory:
* Riparians share right of reasonable use of the water
* Six factors are helpful in making this determination: alteration of flow, purpose of use, pollution, extent of use, destination of water taken, and miscellaneous conduct that may give rise to litigation.

Question 5

Prior Appropriation Doctrine

Answer 5

Water belongs to state
* Right to divert/use can be acquired through actual use
* First in time, first in right

Question 6

Groundwater Rights

Answer 6

Surface owner entitled to make reasonable use

Question 7

Surface Waters Rights

Answer 7

Common Enemy Rule:
* Owner can take any protective measures to get rid of surface water or combat its flow

Question 8

RIght to Exclude - Remedies of Possessor

Answer 8

• Trespass = Invasion by tangible physical object or person (to remove, bring an injectment action)
• Private Nuisance = Invasion by intangibles like odor or noise
• Continuing trespass = Land repeatedly invaded by trespasser)
• Ejectment or unlawful detainer to remove a trespasser or tenant. This action can be joined with a demand for money damages.