Homeowner’s Repeated Violations of Injunction Results in Dismissal of Answer and Default Judgment
UNPUBLISHED North Carolina Appellate Court decision (April 7, 2015) A homeowners association (HOA) and its board of directors filed suit […]
Association Directors Have Greater (But Not Unlimited) Inspection Rights Than the Members
The directors of a homeowners association (“Association” ) have greater rights relative to the inspection of the Association’s books, records,
Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer
Colorado Appellate Court decision (May 7, 2015). This case was an action seeking damages for construction defects that was filed
Does Your HOA Have Adequate Policies and Procedures for the Internal Resolution of Disputes?
Part of living in a common interest development involves issues relative to disagreements between the homeowners association and members over
Professional Managers Are Not a Substitute for Action by the Board of Directors
A homeowners association’s retention of outside, professional management should not be viewed as a substitute for proper management by the
Professional Managers Are Not a Substitute for Action by the Board of Directors Read More »
Properly Maintaining HOA Common Area Property Requires “Preventative Maintenance”
HOA governing documents and state laws typically provide that an association has a duty to maintain the common areas unless
Properly Maintaining HOA Common Area Property Requires “Preventative Maintenance” Read More »
Oregon Ct. Rules Lender Cannot Be Forced to Accept Title to Property via Chapter 13 Bankruptcy Plan
Oregon US District Court decision (April 22, 2015). A lienholder (“Bank”) appealed a bankruptcy court ruling that confirmed a Chapter
W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments
West Virginia Supreme Court of Appeals decision (April 23, 2015). This case involved a dispute between a homeowners association (“HOA”)
Nebraska Court Says HOA Miscalculation of Assessments Did Not Invalidate Lien
Nebraska Supreme Court decision (March 13, 2015). After the owner of property located within a common interest development governed by
Nebraska Court Says HOA Miscalculation of Assessments Did Not Invalidate Lien Read More »
Condominium Owners Need To Insure Their Separate Interest
Condominium owners need to understand that the insurance maintained by their homeowners association is not sufficient to cover for all
Condominium Owners Need To Insure Their Separate Interest Read More »
