Case Decisions
The “Case Decisions” category contains articles that pertain to court case decisions involving all of the various categories relating to homeowners association issues.
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COURT UPHOLDS $401,918.50 ATTORNEY FEE AWARD TO HOA AFTER OWNER LOSES DISPUTE OVER $10,000 WORH OF UNAUTHORIZED MODIFICATIONS
- Case Decisions, Dispute Resolution
This case involved a dispute between two homeowners (“Owners”) and their homeowners association (“Association”) over remodeling work performed by Owners
Court Says Owners Cannot Withhold Payment of Assessments to Protest Board Actions or Alleged Wrongdoing
- Case Decisions, Dues and Assessments
Homeowners and condominium associations often find themselves balancing the duty to collect assessments with the responsibility of the association to
Court Says, Absent Prohibitions in the Declaration, HOA Directors Can Impose Short-Term Rental Restrictions by Board Resolution
- Case Decisions, Governing Documents, Ownership and Transfer of Interest, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to rent their home
Court Says Owners’ Claims of Damages Based on the Manager’s Neglect Are Against the HOA and Not the Manager
- Case Decisions, Managing Agent
This case involved a dispute between property owners (“Owners”) and their homeowners association’s property manager (“Manager”) over the Manager’s liability
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 SAYS HOA RULES AND DESIGN GUIDELINES THAT CONFLICT WITH THE DECLARATION ARE INVALID
- Case Decisions, Governing Documents
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over the validity and enforceability of a
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 Steps In to Enforce HOA Elections: A Lesson for Boards and Members
- Case Decisions, Elections, Member Meetings
When homeowners’ associations (HOAs) delay or avoid holding regular elections, it can lead to frustration, mistrust, and legal battles. A
Court Grants Owner Limited Fees in Prolonged Dispute Over Association Financial Records
- Books and Records, Case Decisions
This case involved a dispute between homeowner (“Owner”) and his homeowners association (“Association”) over Owner’s right to inspect various Association
