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Case Decisions
Wednesday, March 15, 2017   (0 Comments - view/add)
N.Y. Court Says HOA “Rules” Limiting Rentals Were Unenforceable »
Appellate Division of the Supreme Court of New York decision (March 9, 2017). This case involved a dispute between a...
Wednesday, February 8, 2017   (0 Comments - view/add)
Georgia Ct. Removes HOA President for Mismanagement and Appoints Receiver to Take Charge of HOA »
Supreme Court of Georgia decision (February 6, 2017). This case involved a dispute between an individual who had s...
Tuesday, January 24, 2017   (1 Comment - view/add)
U.S. Dist. Ct. Says HOA Violated Fair Housing Laws by Prohibiting Parking of Van in Owner’s Driveway »
  U.S. District Court, District of Oregon, Eugene Division, decision (January 11, 2017). This case i...
Wednesday, January 18, 2017   (1 Comment - view/add)
Appellate Court Says HOA Debt Collection Letters Must Satisfy “The Least Sophisticated Debtor” Test. »
Ninth Circuit U.S. Court of Appeals opinion (January 13, 2017). This case involved a dispute between a homeowner (“...
Monday, January 9, 2017   (0 Comments - view/add)
Ct. Rules Homeowner “Waiver” of Order of Application of Funds Paid per Payment Plan is Void »
U.S. District Court, Northern District of California, decision (December 23, 2016) In this case, a homeowner that w...
Thursday, January 5, 2017   (0 Comments - view/add)
Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues »
Commonwealth Court of Pennsylvania decision   (January 4, 2017) This case involved a dispute between a ho...
Wednesday, November 30, 2016   (0 Comments - view/add)
Texas Court Says Short Term Rentals of Owner’s Property Were Prohibited Business Purposes »
Texas Appellate Court decision (November 16, 2016). In this case, a homeowner (“Owner”) brought an action against h...
Monday, November 21, 2016   (2 Comments - view/add)
Colorado Ct. Says HOA Can be Enjoined From Holding Special Board Meetings Without Proper Notice »
Colorado Appellate Court decision (November 3, 2016). In this case, the owners of several separate interests within a...
Monday, November 14, 2016   (1 Comment - view/add)
Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act »
PUBLISHED Florida District Appellate Court decision (November 9, 2016). This case involved a dispute between a home...
Tuesday, October 18, 2016   (0 Comments - view/add)
Arizona Court Says HOA Cannot Exclude Director from Executive Session Meetings »
Arizona Appellate Court decision (October 13, 2016). In this case,   the board of directors of a homeowner...
Wednesday, September 21, 2016   (0 Comments - view/add)
Alabama Ct Says HOA Action to Enforce Restrictive Covenant is Barred by 6 Yr. Statute of Limitations »
Alabama Appellate Court decision (September 16, 2016). In this case, in 2007, a homeowner purchased a property in a...
Friday, August 12, 2016   (0 Comments - view/add)
CA Ct. Says HOA is Entitled to Recover Attorney Fees for Enforcement of Mediation Agreement »
California Appellate Court decision (August 9, 2016) (Certified for Publication). The defendants in this case...
Monday, August 1, 2016   (0 Comments - view/add)
Washington Court Says Association is Not Vicariously Liable for Acts Committed by Treasurer »
Washington Appellate Court decision (July 19, 2016). This case involved a dispute between association member hom...
Tuesday, July 19, 2016   (2 Comments - view/add)
CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence »
CERTIFIED California Appellate Court decision (June 21, 2016) This case involved an action by a homeowners associat...
Tuesday, June 28, 2016   (1 Comment - view/add)
Tennessee Ct. Refuses to Enforce Ambiguous HOA Restriction re Parking of Commercial Trailer »
  Tennessee Appellate Court decision (June 23, 2016). In this case, a homeowners association (“Association”) b...
Sunday, June 5, 2016   (0 Comments - view/add)
Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs »
Florida Fourth District Court of Appeals decision (May 11, 2011). This case involved a dispute between a homeown...
Thursday, May 5, 2016   (0 Comments - view/add)
Nevada Ct. Rules HOA Superpriority Lien Does Not Cover Collection Fees and Foreclosure Costs »
Supreme Court of Nevada decision (April 28, 2016) This case involved issues pertaining to a superpriority lien claime...
Thursday, May 5, 2016   (0 Comments - view/add)
WI Sup Ct Invalidates HOA Policy That Revived a Lien Eliminated by a Foreclosure Sale »
Wisconsin Supreme Court decision (April 29, 2016). This case involved a dispute between a lender, who obtained titl...
Thursday, April 14, 2016   (1 Comment - view/add)
California Ct. Rules that HOA’s Governing Documents Include the “Architectural Guidelines” »
UNPUBLISHED California Appellate Court decision (April 5, 2016). This case involved an appeal by the owners (“Ow...
Wednesday, April 6, 2016   (0 Comments - view/add)
Fed Ct. Says Consumer Protection Laws Extend to Communications to a Debtor's Attorney »
US Court of Appeals for the Eleventh Circuit decision (March 25, 2016). This case involved a dispute over the i...
Saturday, February 13, 2016   (1 Comment - view/add)
Illinois Ct. Throws Out HOA Rules Which Limited the Number of Units That Could be Leased to Tenants. »
Illinois Appellate Court decision (February 3, 2016) This case involved a dispute between a homeowners as...
Wednesday, January 27, 2016   (0 Comments - view/add)
Homeowners Successfully Void HOA Election of Directors and Are Awarded $147,595 in Attorney Fees »
  UNPUBLISHED California Appellate Court decision (January 14, 2016). In this case, a homeowners associatio...
Monday, January 25, 2016   (0 Comments - view/add)
Homeowners' HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable »
UNPUBLISHED United States Bankruptcy Appellate Panel of the Ninth Circuit decision (December 1,2015). In this c...
Wednesday, December 23, 2015   (0 Comments - view/add)
Arizona Court Rules Homeowner Must Comply with CC&Rs »
  UNPUBLISHED Arizona Appellate Court decision (December 10, 2015).  ...
Thursday, December 10, 2015   (0 Comments - view/add)
R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender's First Mortgage »
Supreme Court of Rhode Island decision (December 4, 2015). In August of 2011, the plaintiff in this action purch...
Wednesday, December 9, 2015   (0 Comments - view/add)
California Court Dismisses Homeowner's Claims Against HOA Directors »
UNREPORTED California Appellate Court decision (December 7, 2015). In this case, a condominium owner sued her...
Thursday, December 3, 2015   (0 Comments - view/add)
West Virginia Ct. Articulates Factors for Determining Reasonableness of Attorney Fees Awarded to HOA »
  West Virginia Supreme Court of Appeals decision (November 6, 2015). This case involved a dispute between...
Wednesday, December 2, 2015   (0 Comments - view/add)
Florida Ct. Says Both HOA and Owners Were Prevailing Parties and Both Are Awarded Attorney Fees »
Florida Appellate Court decision (November 18, 2015). In this case, a homeowners association ("Association") su...
Tuesday, November 24, 2015   (0 Comments - view/add)
S.C. Court Upholds HOA Restrictions on Rental of Units to College Students »
South Carolina Appellate Court decision (November 18, 20115). This case involved a dispute between a homeowners...
Friday, November 6, 2015   (0 Comments - view/add)
Illinois Ct. Says Owners' Day-Care Business is Not a Prohibited Commercial Activity »
Appellate Court of Illinois, Third District, decision (November 4, 2015). In this case, a homeowners associati...
Friday, October 23, 2015   (0 Comments - view/add)
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations »
Nevada Supreme Court decision (October 16, 2015). In this case, a homeowners association ("Association") fined h...
Thursday, October 8, 2015   (0 Comments - view/add)
Florida District Court Says HOA Loitering and Curfew Rules Discriminate Against Children »
United States District Court, Southern District of Florida, decision (October 1, 2015). In this action, the Fair...
Monday, September 28, 2015   (0 Comments - view/add)
Illinois Court Upholds Homeowners’ Right to Conduct Daycare Business in HOA Community »
Illinois Appellate Court decision (September 25, 2015) This case involved an action for declaratory relief filed by a...
Friday, September 11, 2015   (0 Comments - view/add)
Washington Supreme Court Says HOA Amendment to Declaration That Limited Rental Units was Invalid »
Supreme Court of Washington decision (September 3, 2015). This case pertained to issues over the validity of an...
Tuesday, September 1, 2015   (0 Comments - view/add)
New Jersey Supreme Court Says HOA is Liable For Personal Injuries Sustained on Common Area Sidewalk »
Supreme Court of New Jersey decision (August 12, 2015). The plaintiff in this case sued the developer of a c...

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