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UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015).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 […]
Governing Documents
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
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 »
Natural Disasters Underscore Need for HOA Disaster Plan
These days, when tornado sirens blare, condo owners in Judy Rosen’s 70-unit St. Louis high-rise go straight to the building’s
Natural Disasters Underscore Need for HOA Disaster Plan Read More »
Understanding Your Homeowners Association’s “Bylaws”
Every incorporated homeowners association needs to have bylaws as part of their association’s governing documents. Understanding the significance of bylaws
Understanding Your Homeowners Association’s “Bylaws” Read More »
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
WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals
WA Appellate Court published opinion (September 2, 2014). This case involves a dispute between a homeowners association (“Association”) and its
WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals Read More »
CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration
Unpublished California Appellate Court decision (August 19, 2014). In this case, one homeowner (“Harper”) sued its neighboring homeowner (“Valentine”) and
Kentucky Ct Enjoins Homeowners Short Term Rentals of Property as Prohibited Business Use of Property
Kentucky Appellate Court decision (August 8, 2014). The appellants in this case were homeowners of a property located within a
Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA
The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association, with an
