Indiana Ct Issues Injunction Directing Homeowner to Remove Wood Pallets in Backyard & Pay Atty Fees
Indiana Appellate Court decision (January 27, 2015). A homeowner refused to remove wooden pallets that were propped up against a […]
Dispute Resolution
Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities
Texas Appellate Court decision (February 13, 2015). A homeowners association (“Association”) brought suit against an individual homeowner / member of
Enforcement of Association Governing Documents Through Injunctive Relief
When a homeowners association or its homeowners need to enforce a covenant that is contained in the association’s governing documents
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US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years
US Supreme Court decision (January 13, 2015). This case addressed the issue of what steps a borrower must take in
Kentucky Court Upholds HOA’s Arbitrary Enforcement of Setback Rules to Prevent Home Addition
UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015). This case involved a dispute between a homeowner and his HOA over
“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
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
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
HOA Internal Procedures for Dispute Resolution
There are several ways in which an association may efficiently enforce its governing documents without resorting to the expense and
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