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Educational Articles & Case Decisions by Category
Recent Articles & Case Decisions
ASSOCIATION’S ACTIONS AGAINST OWNER FOR NON-PAYMENT OF A FINE WERE IMPROPER
In this case a homeowner (“Owner”) sued his homeowners association (“Association”) for declaratory and injunctive relief seeking an order compelling Association to rescind a fine levied against him for violation of Association’s rules, and to force Association to restore his access to community amenities and reinstate him as a member of Association’s board of directors.
HOA DIRECTORS HAVE A DUTY TO PERIODICALLY INSPECT COMMON AREA COMPONENTS
Unless the governing documents of a common interest development provide otherwise, homeowners associations, acting through their board of directors, are responsible for the maintenance, repair, and replacement of the common areas.
ASSOCIATION MEMBERS MUST BE PROVIDED WITH AGENDAS OF BUSINESS TO BE CONDUCTED AT MEETINGS
State statutes and governing documents for homeowners’ associations require advance notice to the members of meetings of the association’s board of directors.
Court Enjoins Neighboring Property Owner’s Harassing Conduct
This case involved a dispute between two neighbors and the issuance of an Injunction Against Harassment order against one of the neighbors (“J.A.”) for committing acts of harassment towards the other neighbor (“J.C.”), and her daughter.
Court Says Owner Was Liable for Payment of Assessments After the Association’s Declaration Expired
This case involved a dispute between a homeowners’ association (“Association”) and a homeowner (“Owner”) over Owner’s liability for Association assessments that Association sought to collect after the Declaration which provided for the assessments expired.