Court Upholds HOA’s Right to Prevent Addition
This case involved a dispute between a homeowner (“Owner”) and his homeowners association (“Association”) over Owner’s right to construct a […]
Court Upholds HOA’s Right to Prevent Addition Read More »
Case Decisions
Court Says HOA Cannot Exclude Director from Executive Session Meetings
In this case, the board of directors of a homeowners association passed a motion to exclude a fellow board member
Court Says HOA Cannot Exclude Director from Executive Session Meetings Read More »
Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner
In this case, a homeowner installed a new septic drain field on his property which affected the landscaping in his
Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner Read More »
Court Says HOA Lost Right to Enforce Restrictive Covenant
This case involved a dispute between a homeowners association (“Association”) and homeowners (“Owners”) over the construction of a shed on
Court Says HOA Lost Right to Enforce Restrictive Covenant Read More »
Court Says Non-Members of an HOA Lack Standing to Challenge HOA
This case involved an issue as to whether or not two homeowners associations who brought suit against the City of
Court Says Non-Members of an HOA Lack Standing to Challenge HOA Read More »
Court Rules Drainage Pipes Under One Unit Provide “Common Benefit” to Multiple Units
This case involved a dispute between a homeowner (“Owner”) and her homeowners association (“Association”) over who was responsible for the
Court Rules Drainage Pipes Under One Unit Provide “Common Benefit” to Multiple Units Read More »
Court Orders Homeowner to Reconstruct Driveway that was not Approved by Association’s Architectural Review Committee
This case involved a dispute between a homeowners association (“Association”) and the owner of a home situated within the common
Court Reverses Trial Court’s Award of Daily Damages Against Owner
The case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over Owner’s alleged violations of Association’s
Court Reverses Trial Court’s Award of Daily Damages Against Owner Read More »
Court Limits Amount of Interest, Late Fees, and Attorney Fees HOA Can Collect
This case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over the HOA fee collection for
Court Limits Amount of Interest, Late Fees, and Attorney Fees HOA Can Collect Read More »
Court Says Association’s Actions Were Protected by the “Business Judgment Rule”
New York Supreme Court, Appellate Division decision (October 18, 2017). In this case homeowners sued their homeowners association and the
Court Says Association’s Actions Were Protected by the “Business Judgment Rule” Read More »
