Case Decisions
The “Case Decisions” category contains articles that pertain to court case decisions involving all of the various categories relating to homeowners association issues.
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Court Says Homeowners MUST Provide Expert Testimony to Prove Construction-Related / Water-Intrusion Claims
- Case Decisions, Dispute Resolution
This case involved a dispute between a condominium owner (“Owner”) and his homeowners association (“Association”) and related repair vendors over
COURT INVALIDATES SPECIAL ASSESSMENT FOR COMMON AREA REPAIRS THAT WAS NOT LEVIED ON ALL OWNERS EQUALLY
- Case Decisions, Dues and Assessments
The Background This condominium community had two buildings, one with 10 units and one with 12. A single homeowner owned
- Case Decisions, Dispute Resolution, Ownership and Transfer of Interest
This case involved a dispute over claims of harassment between neighbors in a community governed by a homeowner’s association in
COURT SAYS HOMEOWNERS HAVE BURDEN OF PROVING HOA RESTRICTIONS ARE UNREASONABLE
- Case Decisions, Governing Documents, Ownership and Transfer of Interest
This case involved a dispute between two owners of a home (“Owners”) and their homeowners associations (collectively, “the Association”) over
COURT UPHOLDS $401,918.50 ATTORNEY FEE AWARD TO HOA AFTER OWNER LOSES DISPUTE OVER $10,000 WORH OF UNAUTHORIZED MODIFICATIONS
- Case Decisions, Dispute Resolution
This case involved a dispute between two homeowners (“Owners”) and their homeowners association (“Association”) over remodeling work performed by Owners
Court Says Owners Cannot Withhold Payment of Assessments to Protest Board Actions or Alleged Wrongdoing
- Case Decisions, Dues and Assessments
Homeowners and condominium associations often find themselves balancing the duty to collect assessments with the responsibility of the association to
Court Says, Absent Prohibitions in the Declaration, HOA Directors Can Impose Short-Term Rental Restrictions by Board Resolution
- Case Decisions, Governing Documents, Ownership and Transfer of Interest, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to rent their home
Court Says Owners’ Claims of Damages Based on the Manager’s Neglect Are Against the HOA and Not the Manager
- Case Decisions, Managing Agent
This case involved a dispute between property owners (“Owners”) and their homeowners association’s property manager (“Manager”) over the Manager’s liability
Court Protects Homeowners from Harsh Remedy for Construction Without HOA Approval and Violation of Setback Covenant
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to continue with the
