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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No “Implied Permission” for RV Parking: HOA Can’t Waive CC&Rs Without a Formal Amendment
- Board of Directors, Case Decisions, Governing Documents
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Association’s right to enforce a restriction
Court Says HOA’s Covenant Banning Solar Panels and Rule Prohibiting Street-Facing Panels Were Unenforceable
- Case Decisions, Governing Documents
Two homeowners purchased a lot in a subdivision that was subject to restrictive covenants, including one prohibiting the installation of
Association’s Delay in Filing Suit Against Insurance Carrier Results in Dismissal of Case Seeking Over $1,000,000 for Storm Damage
- Case Decisions, Insurance
This case involved a dispute between a homeowner’s association (“Association”) and its insurance carrier (“Carrier”) over whether the Association submitted
STATE SUPREME COURT RULING LIMITS HOA’S ABILITY TO ENFORCE SHORT TERM RENTAL RESTRICTIONS
- 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 lease their property
Court Upholds HOA’s Foreclosure Sale of Owners Property for “Shockingly Low Price”
- Case Decisions, Dues and Assessments
This case involved a dispute between a homeowner (“Owner”) and his homeowners association (“Association”) over the validity of a HOA
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
