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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Texas Ct. Says Judgment for Foreclosure of Lien Must Include “Order of Sale.”
- Case Decisions, Ownership and Transfer of Interest
Texas Appellate Court decision (November 26, 2014) In this case, a homeowners association brought suit against a homeowner member of
Dist. Ct. Rules HOA Action to Collect Fine is Not Violation of Fed & State Debt Collection Laws
- Case Decisions, Dispute Resolution, Dues and Assessments
U.S. District Court, Northern California District, decision (November 21, 2014). An HOA imposed fines against the owners of a separate
FL Ct Says Lender Was Assignee by Operation of Law & Has Limited Liability for Unpaid Assessments
- Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida District Appellate Court decision (December 5, 2014). This case involved claims by a foreclosing mortgage lender that it was
Ct Says HOA That Did Not Record Lien Cannot Be Classified as a Secured Creditor in Bankruptcy
- Case Decisions, Dues and Assessments
US District Appellate Court decision (November 21, 2014). In this case, a homeowner in a common interest development filed a
NJ Ct. Says Ass’n Rule Prohibiting Distribution of Campaign Materials Violates State Constitution
- Case Decisions
New Jersey Supreme Court decision (December 3, 2014). This case involved a co-op common interest community (residents by shares of
WA Ct. Says HOA Not Liable to Employee of Maintenance Company For Injuries from Falling Tree
- Case Decisions, Use and Maintenance
Washington State Appellate Court decision (November 17, 2014). An employee of a company hired by an HOA to maintain the
NV Dist Ct Says HOA Collection Agent Violation of FDCPA was Excusable as Bona Fide Error
- Case Decisions, Dispute Resolution, Dues and Assessments
Nevada US District Court decision (October 31, 2014). A collection agency for a Nevada homeowners association mistakenly sent a homeowner
Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner
- Case Decisions, Governing Documents, Use and Maintenance
Indiana Appellate Court decision (November 10, 2014). A homeowner erected a rainwater collection system on his property located within a
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months
- Case Decisions, Dues and Assessments, Finances
Massachusetts Appellate Court decision (November 7, 2014) Homeowners withheld payment of monthly HOA dues because of a dispute with their
