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
Owners’ Unapproved Construction Results in Judgment to Restore Property, Damages, a Restraining Order, and $318.426.00 in Attorney’s Fees
- Case Decisions, Dispute Resolution, Use and Maintenance
Case Summary: In this case, two homeowners learned the hard way what can happen when you make major changes to
Court Finds Short Term Rentals Are Not a Business, And Awards Over $260,000 in Attorney Fees
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between the owner of one unit in a four unit condominium complex (hereinafter “Plaintiff”), and
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ construction of improvements on their
Court Articulates Requirements for Temporary Injunctive Relief Compelling Association to Make Repairs
- Case Decisions, Dispute Resolution, Use and Maintenance
This case involved an action by a condominium owner (“Owner”) against his condominium owners association (“Association”) and the owner of
Homeowner Wins Suit Against Neighbor for Common Law Nuisance— and Has to Pay Legal Fees to the Offender
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
This case involved a dispute between neighboring homeowners who are members of a homeowners’ association (“Association”) located in Florida. The
- Board of Directors, Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between the owner of two townhomes (“Owner”) located within a townhome community governed by a
Court Says Association’s CC&Rs Violated FHA Protections for Substance-Addicted Individuals
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowners association (“Association”) and the owners (“Owners”) of a property within the community
- Use and Maintenance
A common issue within homeowners associations relates to decisions relative to the maintenance of common areas. As buildings and their
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a condominium owners association (“Association”) and the owners of a unit within the condominium
