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
Court Awards Owners Damages of $134,900 and $106,801 for Association’s Failure to Maintain Common Areas and Improper Governing of Association
- Board of Directors, Case Decisions, Dispute Resolution, Use and Maintenance
This case involved claims brought by two condominium owners (“Owners”) against their condominium association (“Association”) for damages from failure to
- Case Decisions, Ownership and Transfer of Interest, Use and Maintenance
This case involved a dispute between a planned community association member (“Owner”) and his homeowners association (“Association”) over the validity
- Case Decisions, Governing Documents, Use and Maintenance
This case involved an action by association members (“Owners”) against their homeowners’ association (“Association”) for alleged violations of the federal
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between an association member (“Owner”) and both her homeowners’ association (“Association”) and neighboring association members/property
Valid or Not Valid? Association Enforcement of Deed Restrictions Against Owner Decided by Court
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
This case involved a dispute between a property owners association (“Association”) and a property owner (“Owner”) over Owner’s right to
Court Says Owner Must Tear Down Unapproved Fence and Wall That Violated CC&Rs
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowners association (“Association”) and a homeowner member of Association (“Owner”) over the construction
Court Says “Judicial Deference” Rule Protects Association’s “Good Faith Decisions”
- Case Decisions, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over the method of repairs chosen by
HOA Mold Damage Liability that Results from Water Leaks – Who is Liable?
- Use and Maintenance
HOA mold damage liability is in question. A common problem that frequently results in litigation between condominium owners, their homeowners’
- Case Decisions, Dispute Resolution, Use and Maintenance
This case involved a dispute between a condominium owner / association member (“Owner”) and her homeowners association (“Association”) over Association’s
