Consulting

Evan McKenzie has served as an expert consultant and witness in litigation concerning enforcement of HOA and condo association rules, association procedures and standard of practice, taking of private property for public use, and related matters, including the following:

  • Proffitt v. Dickens Hudson Community Association, a Cook County, Illinois case involving condominium association handling of a claim that unit owner received inadequate heat to unit

  • South Point Investment Group v. Discovery Harbour Community Association,  a case in the Third Circuit of Hawai’i concerning association establishment, existence, and practices, and the application of residential declaration to commercial lots for land use regulation

  • Miller v. Northfield Square Condominium Association, a Cook County, Illinois case concerning condominium association procedures and standard of practice in handling water intrusion from common elements into an owner’s unit

  • Geraci v. Union Square Condominium Association,  a Cook County, Illinois, case concerning condo association actions regarding rules  and procedures for pets in common elements and disability accommodations

  • Suckerman, et al., v. Village of Winfield, a DuPage County, Illinois case concerning association procedures and standard of practice in instructing a municipality to remove trees and shrubs from owners' private property.

  • Pollard v. Heard, a Cook County, Illinois case concerning an HOA that denied owners' application to build a house on their lot. The issues involved the standard of practice applicable to architectural review matters.

  • Helou v. Board of Directors of Country Club Village Court, a Santa Barbara County, California case concerning HOA election practices, the special assessment power, and the responsibility of an association for limited use common areas

  • County of Warren v. State of New Jersey, a Mercer County, New Jersey case involving the constitutionality and application of the Highlands Water Protection and Planning Act. The issues involved eminent domain or "takings" law, and environmental regulation of land use.

  • Promontory Crest HOA v. Simmons, a Los Angeles County, California case involving denial of an application for "hardscaping" and other architectural modifications.

  • Committee for a Better Twin Rivers v. Twin Rivers Homeowners Association, a Mercer County, New Jersey, case concerning the application of the New Jersey State Constitution to actions of HOAs that infringe on the freedom of speech and due process rights of residents

  • McKenzie has also been consulted on other matters, including HOA prohibitions on dangerous dogs; community association responsibilities under a conservation easement; condominium association rules concerning boat lifts; and related issues of association powers, responsibilities, and duties.

For consulting-related inquiries, please contact Evan McKenzie via the form on this page.