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 […]
Use and Maintenance
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
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 »
Is Your Association Meeting Its Responsibilities Re Maintenance of the Common Area?
As the governing body for a common interest development, the homeowners association is vested with the responsibility for maintenance of
Is Your Association Meeting Its Responsibilities Re Maintenance of the Common Area? Read More »
HOA Liable to Service Provider for Early Cancellation of Tree Care Services Contract
Illinois Appellate Court decision (September 18, 2014). A service provider had a four year contract with an HOA for tree
HOA Liable to Service Provider for Early Cancellation of Tree Care Services Contract Read More »
Texas Court Says HOA President Can Carry Handgun on “Walk-thrus” of the Common Area
Texas Court of Criminal Appeals decision (September 17, 2014). The HOA president in Texas carried a handgun in a holster
Texas Court Says HOA President Can Carry Handgun on “Walk-thrus” of the Common Area 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
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
Architectural and Aesthetic Restrictions Imposed by Homeowners Associations
It is standard for HOA Architectural Rules and aesthetic restrictions to be contained in the governing documents for a common
Architectural and Aesthetic Restrictions Imposed by Homeowners Associations Read More »
HOA’s vs. Solar Panels: What Gives?
I have visited the subject of HOAs and Solar Panels in the past, but it recently became apparent that HOAs
HOA’s vs. Solar Panels: What Gives? Read More »
