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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Can an HOA Change Rules Without a Vote?
September 15, 2025
Why HOAs Should Collect Tenant Information
September 11, 2025
Why Your HOA’s Corporate “Good Standing” Matters
September 9, 2025
Understanding Your Right to “Quiet Enjoyment” of Your Home or Condominium
- Governing Documents, Use and Maintenance
“Quiet Enjoyment” is the right of the property owner or tenant to enjoy his or her property in peace without
- Board of Directors, Use and Maintenance
Homeowners Associations (“HOAs”), acting through their board of directors, have a duty to maintain common areas. That duty is a
HOA Prohibition on Short-Term Rentals was “Unreasonable, Invalid, and Unenforceable”
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowners’ association (“Association”), and various owners (“Owners”) of properties within the community, over
Court Says HOA’s Window Replacement Policy Violates the Governing Documents and is Void
- Case Decisions, Governing Documents, Use and Maintenance
The case involved a dispute between condominium owners (“Owners”) and their association’s board of directors (hereinafter referred to as “Association”),
Court Says HOA is Responsible for the Cost of Installing Drains Under Owners’ Properties to Remedy Ground Water Problem
- Case Decisions, Construction Defects, Governing Documents, Use and Maintenance
This case involved a dispute between various homeowners (“Owners”) and their homeowners association (“Association”) over the responsibility for damage to
- Governing Documents, Use and Maintenance
Homeowners associations often establish rules and guidelines regarding pets to maintain a harmonious living environment for all residents. However, specific
- Case Decisions, Ownership and Transfer of Interest, Use and Maintenance
In this case, Plaintiff, who was a tenant of an apartment complex, suffered a serious knee injury at his apartment
HOA Directors Must Perform Periodic Inspections of Common Area Components
- Books and Records, Use and Maintenance
A homeowners’ association, acting through its board of directors, is responsible for the maintenance, repair, and replacement, when needed, of
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
