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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Dispute Resolution
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
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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
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass
US District Court, Eastern District of California decision (September 3, 2014). In this case a homeowners association (“Association”) filed suit
Nevada Sup Ct Clarifies Who Must Receive Statutory Prelitigation Notice Re Construction Defects
Nevada Supreme Court decision (August 7, 2014). After homeowners found allegedly defective plumbing parts in their residences, they provided a
Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty
In this case, an elderly homeowner suffered water damage to the interior of her condominium unit from a cause that
Fed. Ct. Says Private Individual Can’t Enforce Freedom to Display the American Flag Act of 2005
Louisiana US District Court decision (July 14, 2014): A Louisiana association member filed a federal court action against his homeowners
Iowa Ct Says Insurer Must Comply with Requested Appraisal Before Litigating Coverage Issues
(Topic: Insurance) Iowa Appellate Court decision (July 16, 2014). Appeal by insurance carrier for HOA of the granting of a
Federal Court says attorneys wrongfully filed federal RICO claims and awards sanctions of $83,280.41
US District Court, Northern District of Illinois East Division decision (July 7, 2014). This case involves a dispute between the
Florida Court Says HOA Cannot “Piggyback” Lien Claims in Foreclosure Action for Unpaid Assessments
Florida Appellate Court decision (June 11, 2014): HOA foreclosure action against a unit in the association now owned by an
