Governing Documents
The “Governing Documents” category contains articles and court case decisions that involve issues relating to the governing documents for a homeowners association.
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Can an HOA Change Rules Without a Vote?
September 15, 2025
Why HOAs Should Collect Tenant Information
September 11, 2025
Why Your HOA’s Corporate “Good Standing” Matters
September 9, 2025
- Board of Directors, Governing Documents
If you live in an HOA, you may have asked yourself: Can the board really change the rules without asking
- Board of Directors, Governing Documents
Homeowner’s associations and condominium associations (collectively “HOAs”) are usually organized as nonprofit mutual benefit corporations under state law. Like any
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
COURT SAYS HOA RULES AND DESIGN GUIDELINES THAT CONFLICT WITH THE DECLARATION ARE INVALID
- Case Decisions, Governing Documents
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over the validity and enforceability of a
Court Bans Short-Term Rentals in HOA Community That Prohibits “Commercial Activity”
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between the owners of a properties located within a community governed by restrictive covenants that,
OWNERS’ REFUSAL TO COMPLY WITH RENTAL RULES RESULTS IN ASSOCIATION JUDGMENT FOR DAMAGES, ATTORNEY’S FEES/COSTS, AND FORECLOSURE
- Case Decisions, Dispute Resolution, Governing Documents, Ownership and Transfer of Interest
This case involved a dispute between husband-and-wife condominium owners (“Owners”) and their condominium owners association (“Association”) over Owners’ noncompliance with
COURT SAYS ASSOCIATION HAD NO DUTY TO ENFORCE RESTRICTIVE NUISANCE COVENANT
- Case Decisions, Governing Documents
A recent appellate court decision offers important insight into what happens when a homeowners association (HOA) declines to enforce one
Court Rules That HOA’s Ambiguous Covenants Cannot Bar Short-Term Rentals
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner’s association (“Association”) and several homeowners (“Owners”) over whether Association’s restrictive covenants prohibited
Court Upholds HOA’s Leasing Ban- But Voids HOA’s Unequal Special Assessment
- Case Decisions, Governing Documents
This case involved a dispute between a homeowner’s association (“Association”), the original Declarant that established the Association, and multiple property
