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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- Case Decisions, Governing Documents, Ownership and Transfer of Interest
This case highlights the importance of properly enforcing bylaws, especially when it comes to ownership transfers and background checks. However,
CORPORATE TRANSPARANCY ACT UPDATE: ENFORCEMENT HAS BEEN TEMPORARILY HALTED
- Board of Directors, Governing Documents
The Corporate Transparency Act (CTA) is a law that was enacted in January 2021 as part of the Anti-Money Laundering
Court Says Association’s Decision Not to Take Action Against an Owner in Violation of the CC&Rs was Not Entitled to Judicial Deference
- Board of Directors, Case Decisions, Governing Documents
This case involved a dispute between neighboring property owners and their homeowner’s association (“Association”) over the removal of a bamboo
Adopting, Amending and Repealing “Operating Rules” in Homeowners Associations
- Board of Directors, Governing Documents
In homeowners’ associations, general regulations that pertain to the conduct of members and/or the operations of the association are described
Court Awards Association Attorney’s Fees but Allows Owners to Keep Completed Structure Built in Violation of CC&Rs
- Case Decisions, Dispute Resolution, Governing Documents
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.
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a property owner (“Owner”) and her homeowners association (“Association”) over: (i) whether Owner or
Association Members Should Utilize the “Open Forum” Session of Board of Directors Meetings
- Board of Directors, Governing Documents
The “open forum” session of a Homeowners Association (HOA) board of directors meeting is a designated time during the meeting
- Case Decisions, Governing Documents, Ownership and Transfer of Interest
This case involved a dispute between a group of property owners (“Owners”) and their homeowners’ association (“Association”) over the validity
Suggested Procedures For Homeowners Associations that Suffer Hurricane Damage
- Board of Directors, Governing Documents
After a homeowner’s association (HOA) suffers damage from a hurricane, it is essential to follow a structured recovery process to
