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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Lower Unit Owner Loses Action Against Upper Unit Owner and Association Based on Noise and Nuisance Claims and is Ordered to Pay Over $460,000.00 in Attorney Fees and Costs

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COURT ORDERS SHORT TERM RENTAL RESTRICTION THAT CONFLICTED WITH RIGHTS GRANTED IN DECLARATION WAS VOID AND UNENFORCEABLE

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Court Enjoins Owners’ Nuisance Activities on Their Property and Awards Neighbors $57,901.50 for Attorney’s Fees – Plus Additional Fees Incurred in Defending Frivolous Appeal

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State Supreme Court Says Condominium Association Owes Condominium Owners a Duty to Protect Against Dangerous Conditions in the Common Area

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Court Says HOA Had no Discretion to Withhold Records Owners Were Entitled to See and Association was Subject to Penalties for Failing to Timely Provide Access to the Requested Records

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COURT DISMISSES HOA MEMBERS’ LAWSUIT AGAINST ASSOCIATION FOR VIOLATIONS OF DECLARATION AND BYLAWS BECAUSE IT WAS NOT FILED AS A “DERIVATIVE” ACTION

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Court Says Owner Must Restore Original Ceiling Height in Her Condominium and Orders Owner to Pay $96,155.08 for Association’s Attorney Fees and Costs

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