“Res Judicata” Doctrine Bars Action – Homeowner Must Pay Costs & Expenses For Filing Frivolous Appeal
Tennessee Appellate Court decision (December 29, 2014). Following a failed real estate sales transaction, the homeowner sued her real estate […]
Case Decisions
Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner
US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought
WA Appellate Ct. Decision Does Not Resolve Ongoing Neighbor Dispute Over The Height of Trees
UNPUBLISHED Washington State Appellate Court decision (December 22, 2014). This case involved a dispute between adjacent homeowners in a common
DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable
Delaware Court of Chancery decision (December 22, 2014) This case involved a dispute between a condominium owner and her homeowners
Wyoming Ct Says Owner Entitled to HOA Documents But Denies Recovery of Attorney Fees & Costs
Wyoming Supreme Court decision (December 30,2014) Topic: Books & Records / Dispute Resolution In this case, the owners of a
Iowa Sup Ct Rules Foreclosing Lender Cannot Sue Builder for Claims Based on Implied Warranty
Iowa Supreme Court decision (December 12, 2014). In this case, a bank acquired title to an apartment complex by accepting
Texas Ct. Says Judgment for Foreclosure of Lien Must Include “Order of Sale.”
Texas Appellate Court decision (November 26, 2014) In this case, a homeowners association brought suit against a homeowner member of
Texas Ct. Says Judgment for Foreclosure of Lien Must Include “Order of Sale.” Read More »
Dist. Ct. Rules HOA Action to Collect Fine is Not Violation of Fed & State Debt Collection Laws
U.S. District Court, Northern California District, decision (November 21, 2014). An HOA imposed fines against the owners of a separate
FL Ct Says Lender Was Assignee by Operation of Law & Has Limited Liability for Unpaid Assessments
Florida District Appellate Court decision (December 5, 2014). This case involved claims by a foreclosing mortgage lender that it was
Ct Says HOA That Did Not Record Lien Cannot Be Classified as a Secured Creditor in Bankruptcy
US District Appellate Court decision (November 21, 2014). In this case, a homeowner in a common interest development filed a
