Summary Judgment Won for Homeowners Against Overbearing Property Owners' Association That Demanded They Remove Decorative Rocks That Protected Their Corner Lot Property
Case Description: When inattentive drivers kept driving over and through Bob and Linda's front yard, and almost hit him and his family, Bob protected their property and life by placing attractive, large decorative rocks around his lot. The decorative rocks worked, but the Rock Creek Property Owners' Association demanded that he remove them because they had not approved them. Milam & Milam aggressively fought the Association's attempts to impede on Bob and Linda's rights to protect their own property and safety. When the Association still refused to work with Bob and Linda, Milam & Milam took them to court and won judgment in Bob and Linda's favor. Since then, the other homeowners in Rock Creek have voted Bob and Linda's yard as "yard of the month."
Milam & Milam, LLC is dedicated to protecting homeowners from overzealous associations, entities and persons who attempt to disturb and damage their property. Milam & Milam commenced the litigation in 2012, captioned William Slate, et al. v. Rock Creek Property Owners Association, Inc., et al., CV-2012-900857, in the Circuit Court of Baldwin County, Alabama.
Milam & Milam, LLC attorney Adam M. Milam represented the plaintiffs.
$8,087,215: Preconstruction Purchasers in what is hailed as Baldwin County's Largest Luxury Condominium Development, Turquoise Place, received 100% refunds, with interest from date of their preconstruction deposits, and attorney's fees against the Developer and its Agents.
Case Description: 16 different preconstruction purchasers, in 3 different cases, were awarded $8,087,215 for full refunds, plus interest and attorney's fees, when Milam and Milam, LLC proved the developer and it's agents violated the Interstate Land Sales Act's ("ILSA") misleading sales practices when they misrepresented to preconstruction purchasers that the 173 condominium units in Tower I of Turquoise Place were Sold Out, and that there were only "a few" of the 227 condominium units left in Tower II. The truth was there were so many condominium units unsold that the Developer was almost unable to get a construction loan. And implemented questionable means to obtain a construction loan in order to saddle plaintiffs with an investment risk that they otherwise would have never agreed to had they known the truth.
Under ILSA, a developer may not engage in misleading sales practices. ILSA borrows from the Securities Act of 1933 in its disclosure requirements that any condominium developer, and its agents, attempting to sell preconstruction condominium purchasers on its development must be completely truthful and forthright about all material facts of the development to an objective reasonable purchaser. Material information obviously includes how many of the 400 units at Turquoise Place had actually sold. Many condominium developers, including the developer of Turquoise Place, did not comply with ILSA.
Milam & Milam, LLC commenced the litigation in 2010. The cases then proceeded in Baldwin County Circuit Court for the State of Alabama, case nos. CV-2013-901270; CV-2013-901483; and CV-2014-900170. The cases are now on appeal to the Alabama Supreme Court regarding interest and fees only.
Milam & Milam, LLC attorneys Adam M. Milam and Shelley Milam represented the plaintiffs.
$7,579,500: Preconstruction Purchasers awarded their entire deposit funds to be returned on $7,579,500.00 worth of condominium units in Turquoise Place, Tower I.
Case Description: Five different preconstruction purchasers were awarded full refunds of their entire escrow deposits, together with accrued interest, on $7,579,500 worth of condominiums in Turquoise Place, Phase I. Milam and Milam, LLC proved the developer breached its contractual obligations by not building the outdoor pool and sundeck when it demanded that the purchasers close and pay in full on their condominium purchases. The purchasers were required to pay 20% deposits for preconstruction contracts for units in Turquoise Place, Tower I that were suppose to include a large, attractive outdoor pool and sundeck area. However, the developer demanded the purchasers close and pay in full on units without the outdoor pool and sundeck area.
Former Jefferson County, Alabama Circuit Judge, Arthur J. Hanes, Jr., perspicaciously concluded, "The purchasers contracted for a unit with an outdoor pool. They were asked to close on a unit without one."
Milam & Milam, LLC commenced the litigation in 2008 requesting a jury trial. The developer compelled the case to arbitration. The arbitrator decided the case in the purchasers' favor.
Milam & Milam, LLC attorneys Adam M. Milam and Shelley Milam represented the plaintiffs. Here is a link to the 2009 Mobile-Press Register article on Milam & Milam's victory.
$4,946,200.09: Baldwin County Condominium Purchasers Receive a Complete Refund of their Condominium Purchases and Rescission Against Developer.
Case Description: Five Baldwin County, Alabama purchasers clients of Milam & Milam, LLC, have recovered 100% of their purchase prices, closing costs, and interest amounting to almost $5,000,000.00.
The Plaintiffs, hard working individuals and their families, had hoped to purchase condominiums in a development that would boast a one-of-a-king luxury marina with roof-top amenities, including a roof-top swimming pool. The purchasers complied with their contractual obligations and even closed on their purchases with the expectation that the amenities promised would be built. However, when the developer could not get approval for the marina, the amenities and marina plans were scrapped without notification to the purchasers.
The plaintiffs, now stuck with a condominium purchase they never agreed to faced the loss of their entire investment - for some their entire life savings.
However, under Alabama's Uniform Condominium Act ("AUCA") a state statute designed to assure buyers that they are fully informed about any and all material changes and risks in a condominium development - a statute the developer simply ignored - each of the plaintiffs were entitled to complete rescission and return of their hard-earned purchase money. The Alabama Condominium Act requires that condominium developers disclose all material changes in a new condominium development in a timely manner in order to afford a purchaser the right to cancel their previous agreement, or agree to proceed with the purchase as materially changed. Unfortunately, some developers do not comply.
Milam & Milam, LLC, commenced the litigation in 2008, Case No. CV-2008-900506 in the Baldwin County Circuit Court of the State of Alabama.
Milam & Milam, LLC attorneys Adam M. Milam and Shelley Milam represented the Plaintiffs.
$600,000.00: Bicyclist Hit By Uninsured Driver While On His Morning Bike Ride Injures Shoulder
Case Description: "Mike" was riding his bicycle early in the morning. A driver, still out from the night before, hit him and fled the scene. The driver was fortunately caught due to surveillance video in the area. However, the driver was uninsured and Mike didn't know what to do. When his own insurance company refused to properly pay under his Uninsured/Under-Insured Motorist Coverage, he called Milam & Milam, LLC.
Milam & Milam, LLC fought the insurance company for Mike. The parties litigated, conducted discovery, and then a confidential settlement was reached.
Milam & Milam attorneys Shelley Milam and Adam M. Milam represented the plaintiff.