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
- 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
Court Bans Short-Term Rentals in HOA Community That Prohibits “Commercial Activity”
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between the owners of a properties located within a community governed by restrictive covenants that,
Court Rules That HOA’s Ambiguous Covenants Cannot Bar Short-Term Rentals
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner’s association (“Association”) and several homeowners (“Owners”) over whether Association’s restrictive covenants prohibited
- Case Decisions, Dispute Resolution, Use and Maintenance
This case involved a dispute between family members of a tenant (“Tenant”) and the tenant’s landlord condominium owner (“Owner”) and
- Case Decisions, Ownership and Transfer of Interest, Use and Maintenance
In a scenic condominium development on Catalina Island, a pair of homeowners owned two stacked one-bedroom units. They proposed a
- Dispute Resolution, Use and Maintenance
A frequently encountered issue within condominium and homeowners’ associations is whether the association may be held liable for water damage
Court Says Association is Responsible for Repairing and Maintaining the “Crawl Space” Under Owner’s Condominium Unit.
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a property owner (“Owner”) and her homeowners association (“Association”) over: (i) whether Owner or
