Governing Documents
The “Governing Documents” category contains articles and court case decisions that involve issues relating to the governing documents for a homeowners association.
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Court Bans Short-Term Rentals in HOA Community That Prohibits “Commercial Activity”
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between the owners of a properties located within a community governed by restrictive covenants that,
OWNERS’ REFUSAL TO COMPLY WITH RENTAL RULES RESULTS IN ASSOCIATION JUDGMENT FOR DAMAGES, ATTORNEY’S FEES/COSTS, AND FORECLOSURE
- Case Decisions, Dispute Resolution, Governing Documents, Ownership and Transfer of Interest
This case involved a dispute between husband-and-wife condominium owners (“Owners”) and their condominium owners association (“Association”) over Owners’ noncompliance with
COURT SAYS ASSOCIATION HAD NO DUTY TO ENFORCE RESTRICTIVE NUISANCE COVENANT
- Case Decisions, Governing Documents
A recent appellate court decision offers important insight into what happens when a homeowners association (HOA) declines to enforce one
Court Rules That HOA’s Ambiguous Covenants Cannot Bar Short-Term Rentals
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner’s association (“Association”) and several homeowners (“Owners”) over whether Association’s restrictive covenants prohibited
Court Upholds HOA’s Leasing Ban- But Voids HOA’s Unequal Special Assessment
- Case Decisions, Governing Documents
This case involved a dispute between a homeowner’s association (“Association”), the original Declarant that established the Association, and multiple property
Court Finds HOA Acted Unreasonably, Awards Homeowner $52,000 for Denial of Casita Project
- Board of Directors, Case Decisions, Governing Documents
This case involved a dispute between a homeowner (“Owner”) and his homeowners association (“Association”) over Owner’s right to construct a
Owner Loses Suit Against HOA Re Landscaping Maintenance and Must Pay Nearly $175,000 for HOA’s Attorney Fees
- Case Decisions, Dispute Resolution, Governing Documents
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over who was responsible for landscaping maintenance
Court Says HOA’s Biased Enforcement of Its Rules Subjects It to Liability Under Federal Discrimination Laws
- Case Decisions, Dispute Resolution, Governing Documents
This case involved an action by an African American owner (“Owner”) of a property against her property owner’s association (“Association”)
- Governing Documents
People who are vested with the responsibility of managing a homeowners or property owners association, and the members of the
