Case Decisions

"Res Judicata" Doctrine Bars Action - Homeowner Must Pay Costs & Expenses For Filing Frivolous Appeal Tennessee Appellate Court decision (December 29, 2014). Following a failed real estate sales transaction, the homeowner sued her real estate agent and several other parties that were involved in the transaction. The trial court ...
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$147.00 HOA Assessment Ends with HOA Judgment for Over $10,000.00 Plus Additional Attorney Fees This case involved a dispute between homeowners ("Owners") and their homeowners association ("Association") over Association's claim for unpaid assessments and the imposition of a lien on Owners' property without first providing Owners with an opportunity for ...
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AFTER FOURTH LAWSUIT, COURT SAYS NEITHER PARTY PREVAILED, DECLINES TO AWARD FEES, AND TELLS PARTIES: “DON’T RUN TO COURT. RUN TO TRY TO WORK THINGS OUT.” This case involved the fourth lawsuit filed by a condominium owner (“Owner “) against her homeowners’ association (“Association”). This content is for Subscribers. To ...
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AK Bk Ct Says Homeowner Can't Discharge Debts for HOA Dues After Filing of Bk This case involved the issue of whether homeowners’ association fees and assessments that accrued after a homeowner had filed a Chapter 13 bankruptcy were dischargeable. The homeowner had purchased a property in a development governed ...
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Alabama Ct Says HOA Action to Enforce Restrictive Covenant is Barred by 6 Yr. Statute of Limitations In this case, in 2007, a homeowner purchased a property in a development that was subject to restrictive covenants created by the original developer of the subdivision. Shortly after purchasing the property, the ...
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Appellate Court Says HOA Debt Collection Letters Must Satisfy “The Least Sophisticated Debtor” Test Ninth Circuit U.S. Court of Appeals opinion (January 13, 2017). This case involved a dispute between a homeowner (“Homeowner”) and the attorneys for her homeowners’ association (“Association”), who were attempting to collect unpaid dues that were ...
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Arizona Court Rules Homeowner Must Comply with CC&Rs UNPUBLISHED Arizona Appellate Court decision (December 10, 2015). This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over an addition that Owners constructed to their separate interest property located within the common interest community operated by the Association ...
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Arizona Court Says Anti-Deficiency Judgment Protections Cannot Be Waived by a Borrower Arizona Appellate Court decision (August 13, 2015). This case involved issues pertaining to a deficiency judgment awarded to a lender following a judicial foreclosure proceeding. The trial court ruled that the property owner was liable to the lender ...
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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. This content is for Subscribers. To continue reading, ...
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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 ...
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Association Member's Attorney Properly Excluded from Board of Directors Meeting A California Fourth Appellate District Court ruled that a homeowners association properly excluded a member’s attorney from a meeting of the association’s board of directors. After the association’s board of directors refused to allow a member’s attorney to attend a ...
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Association President’s Short-Term Airbnb Rentals of Condominium Challenged in Court This case involved a dispute between a condominium owners association (“Association”) and an individual condominium owner (“Owner”), who was the former president of Association, over Owner’s right to operate her condominium unit as a short-term rental on the Airbnb website ...
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Association That Obtained a “Take Nothing” Judgment is Awarded over $220,000 in Attorney’s Fees This case involved a dispute between a homeowner (“Owner”) and his homeowners’ association (“Association”) over Association’s entitlement to an award of attorney’s fees after Association obtained a “take nothing” judgment on claims Owner had alleged against ...
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Association's Extension of Declaration Ruled Valid This case involved a dispute between two association members (jointly referred to as “Owner”) and their property owners association (“Association”) over the validity of an amendment to Association’s declaration that purported to extend the term of the declaration to 2024. This content is for ...
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ASSOCIATION’S ACTIONS AGAINST OWNER FOR NON-PAYMENT OF A FINE WERE IMPROPER In this case a homeowner (“Owner”) sued his homeowners association (“Association”) for declaratory and injunctive relief seeking an order compelling Association to rescind a fine levied against him for violation of Association’s rules, and to force Association to restore ...
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