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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Court Says Association’s Decision Not to Take Action Against an Owner in Violation of the CC&Rs was Not Entitled to Judicial Deference

This case involved a dispute between neighboring property owners and their homeowner’s association (“Association”) over the removal of a bamboo

Court Awards Association Attorney’s Fees but Allows Owners to Keep Completed Structure Built in Violation of CC&Rs

This case involved a dispute between property owners (“Owners”) and their homeowners association (“Association”) over Owners’ construction of a 2,400-

Court Says Association is Responsible for Repairing and Maintaining the “Crawl Space” Under Owner’s Condominium Unit.

This case involved a dispute between a property owner (“Owner”) and her homeowners association (“Association”) over: (i) whether Owner or

Lower Unit Owner Loses Action Against Upper Unit Owner and Association Based on Noise and Nuisance Claims and is Ordered to Pay Over $460,000.00 in Attorney Fees and Costs

Case Summary: Zokaei v. Mansoir (2024) This case involved a dispute between two condominium owners, Owner 1 and Owner 2,

COURT ORDERS SHORT TERM RENTAL RESTRICTION THAT CONFLICTED WITH RIGHTS GRANTED IN DECLARATION WAS VOID AND UNENFORCEABLE

This case involved a dispute between a group of homeowners (“Owners”) and their homeowners association (“Association”) over the rights of
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