Placeholder canvas
Date: July 1, 2015

Harder Prevails in HOA Dispute

by foleyandmansfield
Date: July 1, 2015
by foleyandmansfield

Harder Prevails in HOA Dispute

Placeholder canvas

Foley & Mansfield partner Thomas A. Harder won a victory for the defense in a long running dispute between his client, a Minnesota homeowner’s association, and plaintiff, an adjoining retail association. 

The plaintiff was a retail association that shared common property with the homeowner’s association.  Following a series of failed negotiations over construction defect and related financial issues, the plaintiff filed a motion against our client seeking to have a receiver appointed over the homeowner’s association, as well as for declaratory and injunctive relief relating to alleged construction defects at their shared property. 

After argument, the Court ruled from the bench that the plaintiff failed to establish even one of the three required factors for appointing a receiver (insolvency, waste, and insufficient security).  The Court also denied the plaintiff’s motion for declaratory and injunctive relief, holding that there were no exigent circumstances requiring immediate Court intervention, and suggested the parties work together to resolve their differences.  The ruling from the bench was significant for our client as it confirms its right to make decisions concerning the property.

Harder was assisted by attorney Kyle Eidsness, both of the firm’s Minneapolis office.

Thomas Harder

Foley Mansfield Lawyers Whitney Seltzer, Jessica Espinoza, and Laila Rahimi-Keshari Selected for 2024 LCLD Class

Foley Mansfield is delighted to announce our 2024 participants in the Leadership Council on Legal Diversity’s (LCLD) professional development program. Partner Whitney Seltzer has been selected as the firm’s 2024 LCLD Fellow and Associates Jessica Espinoza and Laila Rahimi-Keshari were chosen as our 2024 LCLD Pathfinders. Whitney Seltzer, an experienced […]

LEARN MORE

Foley Mansfield Selected for Inclusion in U.S. News & World Report’s Inaugural List of “Best Companies to Work For: Law Firms”

Foley Mansfield is pleased to announce that the firm has been named to U.S. News & World Report’s inaugural “Best Companies to Work For: Law Firms” list. Guided by a panel of experts, the editors of U.S. News & World Report conducted an objective, data-driven analysis of law firms based […]

LEARN MORE

Ann I. Park Receives Los Angeles County Bar Association’s 2024 Philip H. Lam Diversity Impact Award

Ann I. Park, a Partner in Foley Mansfield’s Los Angeles office, has been named as the recipient of the Los Angeles County Bar Association’s (LACBA) 2024 Philip H. Lam Diversity Impact Award. The award, established in 2019 by the LACBA Board of Trustees, is named in honor of the organization’s […]

LEARN MORE