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Educational Articles & Case Decisions by Category
Recent Articles & Case Decisions
Court Says Association’s CC&Rs Violated FHA Protections for Substance-Addicted Individuals
Court Says Association’s CC&Rs Violated FHA Protections for Substance-Addicted Individuals
This case involved a dispute between a homeowners association (“Association”) and the owners (“Owners”) of a property within the community that was being used by Owners’ tenant as a rehab facility to treat up to eight individuals who were recovering from drug and alcohol addiction. Association contended that Owners’ tenant was violating Association’s CC&Rs and rules that prohibited use of the property for a “commercial enterprise” and which limited leasing of the property to a “single family unit.” In response, Owners contended the property was not being used for a commercial enterprise and additionally, that federal and state housing discrimination laws allowed for the use and superseded Association’s governing documents that prohibited such use.
Association is Subject to Liability for Publishing “Deadbeat List”
Association is Subject to Liability for Publishing “Deadbeat List”
This case involved a dispute between a condominium owner (“Owner”) and her condominium association (“Association”) over Association’s right to publish Owner’s name and the amount of delinquent assessments she owed Association on a “deadbeat list” that was posted in the community.
Can HOA Foreclose after Delinquent Assessments are Paid?
Can HOA Foreclose after Delinquent Assessments are Paid?
This case involved a dispute between a homeowners’ association (“Association”) and a homeowner member of Association (“Owner”) over Association’s right to foreclose on its lien on Owner’s property which resulted from unpaid assessments.
HOA Director Maintenance Responsibilities
Association Directors Cannot Ignore Their Association
A common issue within homeowners associations relates to decisions relative to the maintenance of common areas. As buildings and their structural components age, they deteriorate and become in need of maintenance, repairs, and/or replacements. To ensure that the required work is performed as needed, state statutes and association governing documents contain provisions that require associations to maintain, repair and replace the common areas as needed.
Did HOA Board Act Outside The Scope of its Authority?
Did HOA Board Act Outside The Scope of its Authority?
In this action an association member (“Owner”) sought to annul a license agreement between his property owners’ association (“Association”) and another owner.