All Articles and Case Decisions

Virginia Court Articulates Considerations for Determining the Proper Amount of HOA Attorney Fees to Award to the Prevailing Party

/ Dispute Resolution
Virginia Court Articulates Considerations for Determining the Proper Amount of Attorney Fees to Award to the Prevailing Party This case involved a dispute between a unit owner (“Owner”) and her homeowners association (“Association”) over who was responsible for payment of a $500 bill for repairs to the front door of ...
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Virginia Court Decision Demonstrates the Importance of HOA Boards and Homeowners Making Prudent Decisions Relative to Litigation

/ Dispute Resolution
Virginia Court Decision Demonstrates the Importance of HOA Boards and Homeowners Making Prudent Decisions Relative to Litigation The Virginia Supreme Appellate Court decision in Lambert v. Sea Oats Condo. Ass’n, Inc. that we reported on April 21, 2017 is a prime example of how important it is for those who ...
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W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments This case involved a dispute between a homeowners association (“HOA”) that was created as a West Virginia Limited Expense Planned Community under West Virginia law, and various homeowners who had failed to pay their share ...
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WA Appellate Ct. Decision Does Not Resolve Ongoing Neighbor Dispute Over The Height of Trees

WA Appellate Ct. Decision Does Not Resolve Ongoing Neighbor Dispute Over The Height of Trees This case involved a dispute between adjacent homeowners in a common interest development over the height of trees on one of the owner’s property that interfered with the view from the other owner’s property. The ...
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WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals

WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals This case involves a dispute between a homeowners association (“Association”) and its members over the percentage of unit owner voter approval that is needed to pass an amendment to the Association’s declaration that restricts the leasing of units within the ...
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WA Court Says HOA’s Action Re Assessments Did Not Require Member Ratification

WA Court Says HOA’s Action Re Assessments Did Not Require Member Ratification This case involved a dispute over the process required within a homeowners association (“Association”) for the approval of dues and assessments. A group of homeowners initially brought suit seeking a declaratory judgment and injunctive relief against the Association ...
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WA Ct. Says HOA Not Liable to Employee of Maintenance Company For Injuries from Falling Tree

/ Case Decisions, Use and Maintenance
WA Ct. Says HOA Not Liable to Employee of Maintenance Company For Injuries from Falling Tree An employee of a company hired by an HOA to maintain the common areas, including trees, was injured when a tree fell on him. He sued the HOA claiming that it breached its duty ...
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Washington Court Says Association is Not Vicariously Liable for Acts Committed by Treasurer

Washington Court Says Association is Not Vicariously Liable for Acts Committed by Treasurer This case involved a dispute between association member homeowners and the association and its individual board members. The dispute involved the right to use a trail that crossed over the homeowners’ property and joined two different streets ...
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Washington Supreme Court Says HOA Amendment to Declaration That Limited Rental Units was Invalid

Washington Supreme Court Says HOA Amendment to Declaration That Limited Rental Units was Invalid This case pertained to issues over the validity of HOA amendments to a condominium declaration (“Declaration”), that established a 30 percent limit on the number of condominium units within the homeowners association (“Association”), that could be ...
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West Virginia Ct. Articulates Factors for Determining Reasonableness of Attorney Fees Awarded to HOA

/ Case Decisions, Dispute Resolution
West Virginia Ct. Articulates Factors for Determining Reasonableness of Attorney Fees Awarded to HOA This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) who had constructed a fence on a portion of the common area property belonging to the Association. Despite notification that the fence ...
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What HOA Directors Should Know When Making Decisions Not to Have Earthquake Insurance

/ Insurance
What HOA Directors Should Know When Making Decisions Not to Have Earthquake Insurance The recent 7.0 earthquake in Alaska has brought to light the importance of homeowners associations having proper insurance coverage when a catastrophic event occurs. Unfortunately, it is often not until after the catastrophic event occurs and the ...
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Who Decides on a Settlement of HOA Litigation – Members, the Board, or an Insurance Carrier?

/ Dispute Resolution
Who Decides on a Settlement of HOA Litigation - Members, the Board, or an Insurance Carrier? Homeowners associations are often a party to litigation, whether it is as a plaintiff who commences the lawsuit, or as a defendant that is being sued by some other party. In cases where a ...
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Who is Responsible for Repair and Maintenance of HVAC System?

Who is Responsible for Repair and Maintenance of HVAC System? This case involved a dispute between a condominium owner (“Owner”), and her homeowners association (“Association”) over who was responsible for the cost of maintaining and repairing the heating, ventilation, and air conditioning system (“HVAC System”) that serviced Owner’s unit. Owner ...
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WI Sup Ct Invalidates HOA Policy That Revived a Lien Eliminated by a Foreclosure Sale

WI Sup Ct Invalidates HOA Policy That Revived a Lien Eliminated by a Foreclosure Sale This case involved a dispute between a lender, who obtained title to a condominium through a judicial foreclosure sale, and a homeowners association (“Association”) over the enforceability of an Association policy that forbids subsequent unit ...
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Wyoming Ct Says Owner Entitled to HOA Documents But Denies Recovery of Attorney Fees & Costs

Wyoming Ct Says Owner Entitled to HOA Documents But Denies Recovery of Attorney Fees & Costs In this case, the owners of a separate interest in a common interest community filed suit against the association seeking an order compelling the association to allow the inspection and copying of certain association ...
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