Ownership and Transfer of Interest
The “Ownership and Transfer of Interest” category contains articles and court case decisions that involve issues relating to the ownership and transfer of separate interests by the members of a homeowners association.
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Is the HOA Responsible for Water Damage?
September 17, 2025
Can an HOA Change Rules Without a Vote?
September 15, 2025
Why HOAs Should Collect Tenant Information
September 11, 2025
- Case Decisions, Governing Documents, Ownership and Transfer of Interest
Idaho Supreme Court decision (June 22, 2015). This case involved a dispute between a homeowner (“Owner”) and a homeowners’ association
Understanding the Rights of Co-Owners of a Separate Interest in a Homeowners Association
- Ownership and Transfer of Interest
The governing documents of most homeowners associations make a distinction between a member’s voting rights and all the other rights
- Case Decisions, Ownership and Transfer of Interest
Florida District Appellate Court decision (May 8, 2015) In this case, in 2006 homeowners executed a promissory note secured by a
Oregon Ct. Rules Lender Cannot Be Forced to Accept Title to Property via Chapter 13 Bankruptcy Plan
- Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Oregon US District Court decision (April 22, 2015). A lienholder (“Bank”) appealed a bankruptcy court ruling that confirmed a Chapter
HOA Issues Can Impact the Ability to Obtain Financing and Thwart Sales of Homeowner Properties
- Ownership and Transfer of Interest
Selling a condominium or a home that is part of a homeowners association involves lender inquiries into the business affairs
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
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
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
Texas Ct. Says Judgment for Foreclosure of Lien Must Include “Order of Sale.”
- Case Decisions, Ownership and Transfer of Interest
Texas Appellate Court decision (November 26, 2014) In this case, a homeowners association brought suit against a homeowner member of
