Case Decisions

In this section you will find court case decisions that pertain to various HOA related issues.

“Res Judicata” Doctrine Bars Action – Homeowner Must Pay Costs & Expenses For Filing Frivolous Appeal

/ Case Decisions, Dispute Resolution
"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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AK Bk Ct Says Homeowner Can’t Discharge Debts for HOA Dues After Filing of Bk

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

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

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

Arizona Court Rules Homeowner Must Comply with CC&Rs UNPUBLISHED Arizona Appellate Court decision (December 10, 2015).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 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 Member’s Attorney Properly Excluded from Board of Directors Meeting

/ Board of Directors, Case Decisions
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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Bankruptcy Court Removes Valueless HOA Assessment Lien that Was Not Properly Perfected

Bankruptcy Court Removes Valueless HOA Assessment Lien that Was Not Properly Perfected by Lawrence Szabo, Esq. | Jun 13, 2014 US Bankruptcy Court – Eastern District of Virginia (June 10, 2014). Bankruptcy debtor (homeowner) filed action in bankruptcy court to determine the validity, priority or extent of liens asserted by ...
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Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner

Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner by Lawrence Szabo, Esq. | Jan 17, 2015 US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought to have a foreclosure sale ...
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Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable

Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable by Lawrence Szabo, Esq. | Oct 2, 2014 US Bankruptcy Court decision (September 25, 2014): In this case, the owners of a condominium located within a common interest community stopped paying their mortgage and homeowners assessments and abandoned their property. They subsequently ...
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CA Court Finds Homeowners’ Dogs are “Clear & Present Danger” to Community & Grants Injunction

CA Court Finds Homeowners’ Dogs are “Clear & Present Danger” to Community & Grants Injunction by Lawrence Szabo, Esq. | Feb 2, 2014 A California appellate court affirmed the trial court’s decision in an HOA’s action against homeowners over allegations that the homeowners’ dogs (three large German Shepherds) created a ...
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CA Court Prevents Foreclosure & Enforces HOA Member’s Right to Payment Plan to Cure Delinquency

CA Court Prevents Foreclosure & Enforces HOA Member’s Right to Payment Plan to Cure Delinquency by Lawrence Szabo, Esq. | Jan 19, 2014 California Appellate Court (January 13, 2014) ruled that the legislative intent behind Civil Code 1367.1 allows for partial payments to pay down delinquent assessments, and limits the ...
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CA Ct Orders Owners to Pay $1.2M+ for HOA Attorney Fees/Costs in Dispute re Unmeritorious Action

CA Ct Orders Owners to Pay $1.2M+ for HOA Attorney Fees/Costs in Dispute re Unmeritorious Action In this case, three owners of two different properties that were part of a common interest development consisting of over 800 parcels of land brought suit against the homeowners association to challenge various regulations ...
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CA Ct Says Unauthorized Installation of Hardwood Floors Created a Nuisance to Lower Unit

CA Ct Says Unauthorized Installation of Hardwood Floors Created a Nuisance to Lower Unit This case involved a dispute between a homeowners association and a member of the association who made unauthorized modifications to the flooring in his upstairs condominium unit. The association’s governing documents contained provisions that provide, “No ...
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CA Ct. Says HOA is Entitled to Recover Attorney Fees for Enforcement of Mediation Agreement

CA Ct. Says HOA is Entitled to Recover Attorney Fees for Enforcement of Mediation Agreement The defendants in this case were the owners of a condominium located within a common interest development that was governed by the homeowners association (“Association”). The Association commenced this action against the homeowners to seek ...
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