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 No Evidence is Necessary to Support a Default Judgment for Foreclosure
- Case Decisions, Ownership and Transfer of Interest
Texas Appellate Court decision (November 4, 2014). A homeowners association filed an action for damages and foreclosure against homeowners that
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner
- Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida District Court of Appeals decision (November 14, 2014). This case involved an appeal by an absentee homeowner of a
N.Y. Ct. Says Plaintiffs in Derivative Action Against HOA Must Represent At Least 5% of the Members
- Case Decisions, Dispute Resolution, Member Meetings
New York Appellate Court decision (October 30, 2014). Homeowners that initially represented 5% or more of the members of a
Oregon Ct. Says HOA Had Six Years from Discovery to File Action for Construction Defects
- Case Decisions, Construction Defects
A homeowners association brought suit against the original developer and general contractor for damages resulting from alleged faulty construction. The
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”
- Board of Directors, Case Decisions
Missouri Appellate Court decision (October 28, 2014). This case involved numerous disputed issues pertaining to an 18 home subdivision where
Oregon Bankruptcy Court Says Debtors’ Chapter 13 Plan Can Force Lender to Take Title to Property
- Case Decisions, Ownership and Transfer of Interest
US Bankruptcy Court For The District of Oregon decision (October 15, 2014): The Debtors in this Chapter 13 bankruptcy proceeding
- Case Decisions, Dues and Assessments
US Bankruptcy Court decision (September 25, 2014): In this case, the owners of a condominium located within a common interest
NV Supreme Ct Upholds Decision Giving HOA Lien Priority Over $885,000 First Trust Deed
- Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Nevada State Supreme Court decision (September 18, 2014): The Nevada State Supreme Court has ruled that a homeowners association’s foreclosure
HOA Liable to Service Provider for Early Cancellation of Tree Care Services Contract
- Case Decisions, Use and Maintenance
Illinois Appellate Court decision (September 18, 2014). A service provider had a four year contract with an HOA for tree
