Community Associations Blog
May 14, 2020
Sometimes a Rock Cliff is just a Rock Cliff
A homeowner brought suit against Konert Farms Homeowners’ Association (“Association”) asserting the Association was responsible for the maintenance of a limestone rock wall that was located on her lot because the declaration says that the Association is responsible for the retaining walls throughout the subdivision. Our litigation team successfully argued that retaining walls, using the plain and ordinary meaning, meant something built and did not encompass a naturally occurring limestone rock wall.