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 Court Says HOA President Can Carry Handgun on “Walk-thrus” of the Common Area
- Board of Directors, Case Decisions, Use and Maintenance
Texas Court of Criminal Appeals decision (September 17, 2014). The HOA president in Texas carried a handgun in a holster
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
US District Court, Eastern District of California decision (September 3, 2014). In this case a homeowners association (“Association”) filed suit
Texas Homeowner Wins Battle But Loses War re Validity of Board Elections & Subsequent Board Actions
- Board of Directors, Case Decisions
Texas Appellate Court decision (August 8, 2014). In this action, a homeowner was challenging an election of his homeowners’ association
WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals
- Case Decisions, Governing Documents, Ownership and Transfer of Interest
WA Appellate Court published opinion (September 2, 2014). This case involves a dispute between a homeowners association (“Association”) and its
Kentucky Ct Enjoins Homeowners Short Term Rentals of Property as Prohibited Business Use of Property
- Case Decisions, Governing Documents, Ownership and Transfer of Interest
Kentucky Appellate Court decision (August 8, 2014). The appellants in this case were homeowners of a property located within a
Nevada Sup Ct Clarifies Who Must Receive Statutory Prelitigation Notice Re Construction Defects
- Case Decisions, Construction Defects, Dispute Resolution
Nevada Supreme Court decision (August 7, 2014). After homeowners found allegedly defective plumbing parts in their residences, they provided a
Texas Court Says HOA Has No Duty to Disclose Latent Defects to Prospective Home Buyer
- Case Decisions, Construction Defects
Texas Appellate Court decision (July 31, 2014). Plaintiffs in this action purchased property located in a common interest development that
Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA
- Case Decisions, Governing Documents, Use and Maintenance
The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association, with an
Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty
- Case Decisions, Dispute Resolution
In this case, an elderly homeowner suffered water damage to the interior of her condominium unit from a cause that
