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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Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer

- Case Decisions, Construction Defects, Dispute Resolution
Colorado Appellate Court decision (May 7, 2015). This case was an action seeking damages for construction defects that was filed
Oregon Ct. Rules Lender Cannot Be Forced to Accept Title to Property via Chapter 13 Bankruptcy Plan

- Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Oregon US District Court decision (April 22, 2015). A lienholder (“Bank”) appealed a bankruptcy court ruling that confirmed a Chapter
W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

- Case Decisions, Dispute Resolution, Dues and Assessments
West Virginia Supreme Court of Appeals decision (April 23, 2015). This case involved a dispute between a homeowners association (“HOA”)
Nebraska Court Says HOA Miscalculation of Assessments Did Not Invalidate Lien

- Case Decisions, Dues and Assessments
Nebraska Supreme Court decision (March 13, 2015). After the owner of property located within a common interest development governed by
Missouri Ct Says Surplus Insurance For Loss Of 9 Out Of 58 Units Gets Distributed To All 58 Owners

- Case Decisions, Dispute Resolution, Insurance
Missouri Appellate Court decision (March 23, 2015). This case involved an action filed by a homeowners association (“ Association”) against
Michigan Ct. Says HOA Assessment to Fund Construction Defect Litigation was Invalid

- Case Decisions, Construction Defects, Finances
UNPUBLISHED Michigan Appellate decision (March 24 2015) This case involved a dispute between a homeowners association (“Association”) and husband and
HOA Insurer Must Pay Association’s Liability for Attorney Fees as the Losing Party

- Case Decisions, Dispute Resolution, Insurance
UNPUBLISHED U.S. District Appellate Court decision (March 5, 2015). Topic: Insurance / Dispute Resolution In this case, a homeowners association
CA Ct Orders Owners to Pay $1.2M+ for HOA Attorney Fees/Costs in Dispute re Unmeritorious Action

- Case Decisions, Dispute Resolution
UNPUBLISHED California Appellate Court decision (March 2, 2015). In this case, three owners of two different properties that were part
Ct Rules Nondisabled Minor Child of Parents Who Suffered HOA Discrimination Can Sue Under the FHA

- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Illinois District Court decision (March 6, 2015). This case involved claims filed by husband and wife homeowners and their minor