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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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
HOA Directors Have A Duty To Periodically Inspect Common Area Components
- Board of Directors, Use and Maintenance
Unless the governing documents of a common interest development provide otherwise, homeowners associations, acting through their board of directors, are
Court Grants Association Immediate Possession of Owner’s Unit to Perform Termite Fumigation
- Case Decisions, Dispute Resolution, Use and Maintenance
This case involved a dispute between a property owner (“Owner”) and his homeowners’ association (“Association”) over Association’s right to force
Court Says Association Can Adopt New Restrictions That Take Away Rights that Previously Existed
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner (“Owner”) and a homeowner’s association (“Association”) over Owner’s right to lease its
- Board of Directors, Use and Maintenance
A fundamental responsibility of condominium and homeowners’ associations is the duty to maintain, repair, and when necessary, replace the common
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between the owner of a townhome (“Owner”) and its homeowners’ association (“Association”) over Owner’s right
HOA Design Restrictions Must be Authorized by Governing Documents and Must Be Reasonable to be Enforceable
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner (“Owner”) and his homeowners association (“Association”) over Association’s power to adopt rules
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 Says HOA’s Refusal to Allow a Vietnamese Pot Belly Pig as a Pet Was Not Discrimination
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between husband and wife homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to
Association President’s Short-Term Airbnb Rentals of Condominium Challenged in Court
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a condominium owners association (“Association”) and an individual condominium owner (“Owner”), who was the
