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Condominium and HOA Boards may encounter a situation where their income and reserves are insufficient and unable to meet their capital needs. Although a special assessment can be mandated, often this is not the ideal situation. 

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Educational Articles & Case Decisions by Category

Recent Articles & Case Decisions

Court Orders Owners to Restore Property Modifications

Court Orders Owners to Restore Property Modifications

This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ construction of improvements on their property that had not been approved by Association.

Court Articulates Requirements for Temporary Injunctive Relief Compelling Association to Make Repairs

Court Articulates Requirements for Temporary Injunctive Relief Compelling Association to Make Repairs

This case involved an action by a condominium owner (“Owner”) against his condominium owners association (“Association”) and the owner of a hotel (“Hotel Owner”) that occupied the first 18 floors of a high rise building in which Owner’s condominium unit is located.

Homeowner Wins Suit Against Neighbor for Common Law Nuisance— and Has to Pay Legal Fees to the Offender

Homeowner Wins Suit Against Neighbor for Common Law Nuisance— and Has to Pay Legal Fees to the Offender

This case involved a dispute between neighboring homeowners who are members of a homeowners’ association (“Association”) located in Florida. The dispute pertained to one of the neighbor’s complaints about noise from pool pumps and annoying exterior lighting located on the other neighbor’s property.

Court Rules COVID-19 CARES Act Protections Do Not Apply to HOA Assessments

Court Rules COVID-19 CARES Act Protections Do Not Apply to HOA Assessments

This case involves a dispute between a condominium owner (“Owner”) and his homeowners association (“Association”) over the issue of whether COVID-19 emergency orders passed under the CARES ACT in March of this year require Association to forebear collection of a special assessment from Owner, who claimed to be experiencing financial hardship due to COVID-19.

Association and Homeowner Fight Over Plumbing Bill Liability

Association and Homeowner Fight Over Plumbing Bill Liability

This case involved a dispute between a condominium owner (“Owner”) and her homeowners’ association (“Association”) over who was responsible for the payment of a $725.00 plumbing bill incurred for the repair of a leak.