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.
Articles Categories
Subscribe To Our Mail-list
Resources by State
Latest Articles
HOA Ordered to Impose Emergency Special Assessment on Members to Raise Funds to Satisfy Owners’ Judgment for Breach of Fiduciary Duties
- Board of Directors, Case Decisions, Dispute Resolution
This case involved a dispute between two homeowners/association members (“Owners”) and their homeowners association (“Association”) over Association’s refusal to approve
Court Says HOA Directors Who Misuse Their Power and Conduct Business When the Corporation is Suspended Run the Risk of Personal Liability
- Board of Directors, Case Decisions, Dispute Resolution
This case involved a dispute between two homeowners who were the only members of a two-unit homeowner’s association. Owner #1,
Court Affirms HOA Authority to Suspend Owner Privileges for Rule Violations
- Case Decisions, Dispute Resolution, Ownership and Transfer of Interest, Use and Maintenance
A recent federal appellate decision provides strong support for homeowners associations seeking to enforce their governing documents through suspension of
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
