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 ...
Read More

$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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

Arizona Court Rules Homeowner Must Comply with CC&Rs UNPUBLISHED Arizona Appellate Court decision (December 10, 2015).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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More