Dispute Resolution

The “Dispute Resolution” category contains articles of information that pertains to topics relating to dispute resolution issues in a homeowner association.

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

/ Case Decisions, Dispute Resolution
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 granted the defendants’ motions to dismiss the complaint.  The homeowner subsequently filed another lawsuit that was basically ...
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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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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Arizona Court Rules Homeowner Must Comply with CC&Rs UNPUBLISHED Arizona Appellate Court decision (December 10, 2015).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 Prevailing in Litigation is Entitled to Expenses For ADR Incurred Prior to Litigation

/ Dispute Resolution
Association Member Prevailing in Litigation is Entitled to Expenses For ADR Incurred Prior to Litigation January 15, 2013. A California Appellate Court ruled that owner members of a homeowners association were entitled to recover attorney fees as the prevailing party that included the expenses the homeowner incurred in connection with ...
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Attorney Fees Are Not Recoverable by the Prevailing Party if a Discrimination Claim was not Frivolous

/ Dispute Resolution
Attorney Fees Are Not Recoverable by the Prevailing Party if a Discrimination Claim was not Frivolous A U.S. District Court, Eastern District of Virginia Appellate Court ruling affirmed a trial court’s summary judgment holding that the plaintiff homeowners were not entitled to an accommodation and a modification that they had ...
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CA Court Finds Homeowners’ Dogs are “Clear & Present Danger” to Community & Grants Injunction

January 31, 2014 - Unpublished decision by California Appellate Court. A California appellate court affirmed the trail court's decision in an HOA's action against homeowners over allegations that the homeowners' dogs (three large German Shepherds) created a "dangerous situation" in the development. The HOA claimed the homeowners breached terms of ...
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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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CA Ct. Says HOA that Dismissed Case is Entitled to Attorney Fees Because it “Got What it Wanted.”

Unpublished California Appellate Court decision (May 28, 2014). This case involved an appeal by a homeowner from a lower court judgment that awarded a homeowners association legal fees as the prevailing party in a case against the homeowner. The homeowners association brought suit against the homeowner seeking injunctive relief to ...
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CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence

CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence This case involved an action by a homeowners association (“Association”) against an individual homeowner and pertains to claims relating to actions that she took while serving as an officer and director of Association. Association alleged that the ...
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California Court Holds HOA is Not Liable for Injuries Caused by Criminal Conduct in Common Area

California Court Holds HOA is Not Liable for Injuries Caused by Criminal Conduct in Common Area California Appellate Court decision (February 28, 2017). This case involved an action brought by a condominium complex resident (“Plaintiff”) against the homeowners association that owned and operated the property (“Association”). Factually, Plaintiff was permanently ...
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California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household

California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household A homeowners association (“Association”) brought suit against a homeowner/ member seeking injunctive relief and damages for the homeowner’s breach of an hoa pet restriction contained in the Association’s governing documents. The hoa pet restriction permitted one ...
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