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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 Awards $500,000 to HOA and Homeowner

Court Awards $500,000 to HOA and Homeowner

This case involved a dispute between the owner of a property located within a common interest development (“Owner”), the governing homeowners association (“Association”), and the joint owners of a neighboring property (“Neighboring Owners”). The dispute was over Association’s approval and Neighboring Owners’ construction of modifications to their existing home, or the construction of an entirely new home, in a manner that blocked the view from Owner’s property. Owner’s complaint alleged claims against Association for breach of fiduciary duty and declaratory relief and claims against both Association and Neighboring Owners for breach of Association’s CC&Rs.

Does Your HOA Have Established Qualifications for Those Who Serve as Directors?

Does Your HOA Have Established Qualifications for Those Who Serve as Directors?

It is commonplace for the governing documents of a homeowners association to have provisions that establish qualifications for those who serve on the association’s board of directors. The qualifications for serving on an association’s board would generally be found in the bylaws but they could also have been included by the drafters of the documents in the association’s declaration or covenants, conditions, and restrictions (CC&Rs).

Directors are protected by Business Judgment Rule Regarding Settlement of Claims against Builder / Developer

Directors are protected by Business Judgment Rule Regarding Settlement of Claims against Builder / Developer

This case involved a dispute between condominium owners (“Owners”) and their condominium owners’ association (“Association”) over the application of the “Business Judgment Rule” in a manner that protects Association from Owners’ claims for negligence when there has not been a showing of fraud, bad faith, or self-interest.

Court Finds Short Term Rentals Are Not a Business, And Awards Over $260,000 in Attorney Fees

Court Finds Short Term Rentals Are Not a Business, And Awards Over $260,000 in Attorney Fees

This case involved a dispute between the owner of one unit in a four unit condominium complex (hereinafter “Plaintiff”), and his Homeowners Association (“Association”), together with two of the other three unit owners (hereinafter collectively “Defendants”).

Improper Notice and Accounting Bars HOA Foreclosure

Improper Notice and Accounting Bars HOA Foreclosure

This case involved a dispute between a condominium association (“Association”) and an individual condominium owner (“Owner”) over Association’s right to foreclose on a lien that Association had placed on Owner’s unit for his nonpayment of monthly assessments.