Court Rules Unilateral ARC Decision is Not Valid
Declaration provided from the creation of an Architectural Review Committee (“ARC”) consisting of at least 3 members. If no committee […]
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Board of Directors
Court Defers to HOA Board on Owner’s Right to Operate Winery within Community
This case involved a dispute between a group of homeowners (“Plaintiffs”), their homeowners association (“Association”), individual members of Association’s board
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Owner Fights HOA Over Right to Bring Personal Trainer to Association Fitness Center
This case involved a dispute between a homeowner (“Owner”) and its homeowners association (“Association”) over Owner’s right to bring a
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How Long Can the Same People Serve as Directors of a Homeowners Association?
Because many homeowners associations have one or more individuals who have served as a director, and frequently the president of
How Long Can the Same People Serve as Directors of a Homeowners Association? Read More »
Directors’ Duty to Maintain Common Areas Requires Performing Deferred Maintenance
A fundamental duty of a homeowners association’s board of directors is the duty to maintain the association’s common areas. Notwithstanding
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Valid HOA Action Requires a Properly Functioning Board of Directors
Given the fact that nearly all homeowners associations are structured as corporate entities (corporations) that are created under the laws
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Court Ruling Decides if HOA is in Violation of Fair Housing Amendments Act
This case involved a dispute between a homeowners association (“Association”) and a disabled condominium owner (“Owner”) over an accommodation due
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Understanding When the “Business Judgment Rule” Protects Association Directors
The “business judgment rule” is a rule created by state statutes and a history of court case decisions which have
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Court Says Association’s Architectural Review Decision is Protected by Business Judgment Rule
This case involved a dispute between husband and wife homeowners (“Owners”) and their homeowners association (“Association”) over Association’s denial of
Understanding HOA Directors’ Duties re Enforcing Governing Documents
A common issue within homeowners associations pertains to the action, or inaction, of a homeowners association’s board of directors when
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