NJ Ct. Says Ass’n Rule Prohibiting Distribution of Campaign Materials Violates State Constitution
New Jersey Supreme Court decision (December 3, 2014). This case involved a co-op common interest community (residents by shares of […]
Case Decisions
WA Ct. Says HOA Not Liable to Employee of Maintenance Company For Injuries from Falling Tree
Washington State Appellate Court decision (November 17, 2014). An employee of a company hired by an HOA to maintain the
NV Dist Ct Says HOA Collection Agent Violation of FDCPA was Excusable as Bona Fide Error
Nevada US District Court decision (October 31, 2014). A collection agency for a Nevada homeowners association mistakenly sent a homeowner
NV Dist Ct Says HOA Collection Agent Violation of FDCPA was Excusable as Bona Fide Error Read More »
Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner
Indiana Appellate Court decision (November 10, 2014). A homeowner erected a rainwater collection system on his property located within a
Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner Read More »
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months
Massachusetts Appellate Court decision (November 7, 2014) Homeowners withheld payment of monthly HOA dues because of a dispute with their
Mass. Ct. Says HOA Priority Lien Status is Limited to a Total of Six Months Read More »
Texas Ct. Says No Evidence is Necessary to Support a Default Judgment for Foreclosure
Texas Appellate Court decision (November 4, 2014). A homeowners association filed an action for damages and foreclosure against homeowners that
Texas Ct. Says No Evidence is Necessary to Support a Default Judgment for Foreclosure Read More »
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner
Florida District Court of Appeals decision (November 14, 2014). This case involved an appeal by an absentee homeowner of a
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner Read More »
N.Y. Ct. Says Plaintiffs in Derivative Action Against HOA Must Represent At Least 5% of the Members
New York Appellate Court decision (October 30, 2014). Homeowners that initially represented 5% or more of the members of a
Oregon Ct. Says HOA Had Six Years from Discovery to File Action for Construction Defects
A homeowners association brought suit against the original developer and general contractor for damages resulting from alleged faulty construction. The
Oregon Ct. Says HOA Had Six Years from Discovery to File Action for Construction Defects Read More »
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”
Missouri Appellate Court decision (October 28, 2014). This case involved numerous disputed issues pertaining to an 18 home subdivision where
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.” Read More »
