Condos & HOAs/Natural Rights (Module 16-17)

Question 1

Condominiums

Answer 1

Each owner is a TIC with other members in teh common areas and FSA in their own unit

Question 2

Homeowner Associations

Answer 2

Each condo owner is a member of the HOA; elected board oversee scommon area, enforces covenants/conditions/restrictions (CC&R)

Each owner pays regular fees and a “special assessment” fee is a one-time fee for something major like a roof repair

Question 3

Co-Ops

Answer 3

Title to land/buildings is held by a corporation that leases individual units to SHs

Question 4

Rights to Lateral and Subjacent Support of Land

Answer 4

LATERAL
- landowner is strictly liable if their excavation causes adjacent land to subside (slip or cave in)
- if land is improved by buildings and adjacent owner excavation causes it to subside, excavator liable only if they were negligent
- but strict liability will apply if P can show that the improvements on their land didn’t contribute at all to the collapse and neighbor’s actions would have caused this regardless

SUBJACENT
- underground occupant of land (like a mining company) must support hte surface and buildings existing on the date the subjacent estate was created; for subsequent buildings liable for only negligence

Question 5

Riparian Rights Doctrine (Streams, Rivers, and Lakes)

Answer 5

Water belongs to those who own the land bordering the watercourse

Different theories:
1) Natural flow - riparian owners use is enjoinable if it results in substantial diminution of the water’s quality/quantity

2) Rxble use*** - most common, all riparians share the right of “rxble use” of the water which courts will determine by balancing the owner’s use against the gravity of the harm

Under each theory, natural uses (like consumption or gardening) prevail over artificial uses (like manufacturing or irrigation)

Question 6

Prior Appropriation Doctrine (Streams, Rivers, and Lakes)

Answer 6

Water initially belongs to the stae but the right to divert and use it can be acquired by actual use even if they’re not the riparian owner

Norm for allocation is first in time first in right

Question 7

Groundwater Rights Doctrines

Answer 7

Water beneath the surface

1) Absolute Ownership - uncommon, owner of overlying land can take all they wish

2) Rxble Use - most common, overlying land owner can use what they want but only it id doesn’t harm other owners who have rights in the same aquifer

Question 8

Surface Waters

Answer 8

Water without a channel that passes over land such as springs, rainwater, or melting snow; landowner can use for any purpose the water within their boundaries

Question 9

Right to Exclude

Answer 9

Possessor of real property has the right to exclude others and remedies for invasions of that right include actions for:

1) trespass (land invaded by tangible object)
2) private nuisance (invaded by intangibles like odor or noise)
3) continuing trespass (land repeatedly invaded by trespasser)
4) ejectment/unlawful detainer to remove a trespasser or tenant