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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STATE SUPREME COURT RULING LIMITS HOA’S ABILITY TO ENFORCE SHORT TERM RENTAL RESTRICTIONS
- 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 lease their property
- Governing Documents, Use and Maintenance
Living in a shared community means accepting a certain level of everyday noise, but ongoing or excessive disturbances can quickly
Understanding Who is Responsible for Maintaining, Repairing, and Replacing Exclusive Use Common Area Components
- Governing Documents, Use and Maintenance
A common dispute between homeowners’ associations (“Association”) and the owners of the individual condominium units or homes within the Association
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
