Use and Maintenance
The “Use and Maintenance” category contains articles and court case decisions that involve issues relating to the use and maintenance of a homeowners association’s common area and the member’s separate interests.
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Is the HOA Responsible for Water Damage?
September 17, 2025
Can an HOA Change Rules Without a Vote?
September 15, 2025
Court Says a Lease for Any Term Violates Restriction Prohibiting Use of Properties for “Business or Commercial Purposes”
- Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner (“Owner”) and her homeowners’ association (“Association”) over Owner’s right to lease her
- Books and Records, Governing Documents, Use and Maintenance
Water damage in an HOA or condo community is stressful. When ceiling leaks or damp floors appear, homeowners often wonder:
- Books and Records, Use and Maintenance
In many communities, rental units are a fact of life. Owners may choose to lease out their homes temporarily or
Court Protects Homeowners from Harsh Remedy for Construction Without HOA Approval and Violation of Setback Covenant
- Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to continue with the
Court Bans Short-Term Rentals in HOA Community That Prohibits “Commercial Activity”
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between the owners of a properties located within a community governed by restrictive covenants that,
Court Rules That HOA’s Ambiguous Covenants Cannot Bar Short-Term Rentals
- Case Decisions, Governing Documents, Use and Maintenance
This case involved a dispute between a homeowner’s association (“Association”) and several homeowners (“Owners”) over whether Association’s restrictive covenants prohibited
- Case Decisions, Dispute Resolution, Use and Maintenance
This case involved a dispute between family members of a tenant (“Tenant”) and the tenant’s landlord condominium owner (“Owner”) and
- Case Decisions, Ownership and Transfer of Interest, Use and Maintenance
In a scenic condominium development on Catalina Island, a pair of homeowners owned two stacked one-bedroom units. They proposed a
- Dispute Resolution, Use and Maintenance
A frequently encountered issue within condominium and homeowners’ associations is whether the association may be held liable for water damage
