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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Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale
- Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida Appellate Court decision (February 5, 2015). This case involved an appeal by a homeowners association of a trial court
US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years
- Case Decisions, Dispute Resolution
US Supreme Court decision (January 13, 2015). This case addressed the issue of what steps a borrower must take in
Kentucky Court Upholds HOA’s Arbitrary Enforcement of Setback Rules to Prevent Home Addition
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015). This case involved a dispute between a homeowner and his HOA over
“Res Judicata” Doctrine Bars Action – Homeowner Must Pay Costs & Expenses For Filing Frivolous Appeal
- Case Decisions, Dispute Resolution
Tennessee Appellate Court decision (December 29, 2014). Following a failed real estate sales transaction, the homeowner sued her real estate
Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner
- Case Decisions, Ownership and Transfer of Interest
US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought
WA Appellate Ct. Decision Does Not Resolve Ongoing Neighbor Dispute Over The Height of Trees
- Case Decisions, Use and Maintenance
UNPUBLISHED Washington State Appellate Court decision (December 22, 2014). This case involved a dispute between adjacent homeowners in a common
DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Delaware Court of Chancery decision (December 22, 2014) This case involved a dispute between a condominium owner and her homeowners
Wyoming Ct Says Owner Entitled to HOA Documents But Denies Recovery of Attorney Fees & Costs
- Books and Records, Case Decisions, Dispute Resolution
Wyoming Supreme Court decision (December 30,2014) Topic: Books & Records / Dispute Resolution In this case, the owners of a
Iowa Sup Ct Rules Foreclosing Lender Cannot Sue Builder for Claims Based on Implied Warranty
- Case Decisions, Construction Defects, Ownership and Transfer of Interest
Iowa Supreme Court decision (December 12, 2014). In this case, a bank acquired title to an apartment complex by accepting
