Use and Maintenance
The “Use and Maintenance” category contains articles and court case decisions that involve issues relating to the use and maintenance of a homeowners association’s common area and the member’s separate interests.
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Court Affirms HOA Authority to Suspend Owner Privileges for Rule Violations
- Case Decisions, Dispute Resolution, Ownership and Transfer of Interest, Use and Maintenance
A recent federal appellate decision provides strong support for homeowners associations seeking to enforce their governing documents through suspension of
Court Says, Absent Prohibitions in the Declaration, HOA Directors Can Impose Short-Term Rental Restrictions by Board Resolution
- Case Decisions, Governing Documents, Ownership and Transfer of Interest, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to rent their home
Court Says a Lease for Any Term Violates Restriction Prohibiting Use of Properties for “Business or Commercial Purposes”
- Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner (“Owner”) and her homeowners’ association (“Association”) over Owner’s right to lease her
- Books and Records, Governing Documents, Use and Maintenance
Water damage in an HOA or condo community is stressful. When ceiling leaks or damp floors appear, homeowners often wonder:
- Books and Records, Use and Maintenance
In many communities, rental units are a fact of life. Owners may choose to lease out their homes temporarily or
Court Protects Homeowners from Harsh Remedy for Construction Without HOA Approval and Violation of Setback Covenant
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to continue with the
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,
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
- Case Decisions, Dispute Resolution, Use and Maintenance
This case involved a dispute between family members of a tenant (“Tenant”) and the tenant’s landlord condominium owner (“Owner”) and
