Governing Documents

"Injunctive Relief" Affords HOAs and Their Members a Means for Enforcing Governing Documents "Injunctive relief" is a form of equitable relief that is granted by a judge pursuant to a court proceeding involving issues where monetary relief in the form of money damages will not be adequate because the conduct ...
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10 Common Defenses to Actions to Enforce Governing Documents Members of homeowners associations are frequently confronted with situations involving claims by the association that the member is not complying with certain provisions that are contained in the association’s governing documents (Bylaws, CC&Rs, Rules, etc.). Typically, an association will attempt to ...
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Adopting and Enforcing Rules and Regulations The primary governing documents for a condominium, homeowners, or owners’ association (Association) are frequently thought of as the Declaration of Covenants, Conditions and Restrictions (CC&Rs), and the Association’s Bylaws. This content is for Subscribers. To continue reading, you must have a Subscription with HOA ...
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Adopting, Amending and Repealing “Operating Rules” in Homeowners Associations In homeowners’ associations, general regulations that pertain to the conduct of members and/or the operations of the association are described by such names as regulations, procedures, policies, standards, guidelines, and rules. This content is for Subscribers. To continue reading, you must ...
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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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Arizona Court Rules Homeowner Must Comply with CC&Rs UNPUBLISHED Arizona Appellate Court decision (December 10, 2015).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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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 Use of Indemnity Agreements as a Condition of Approving Modifications Requested by Homeowners Homeowners and condominium owners’ associations are commonly called upon to approve modifications to an owner’s separate interest. This content is for Subscribers. To continue reading, you must have a Subscription with HOA Member Services. Click here ...
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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 Right of Entry into an Owner’s Unit A community association's right of entry into an owner’s unit is a necessary power in order to correct violations of covenants and to facilitate the repair and maintenance of the common areas. In the absence of state statutes that mandate such power ...
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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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Association’s Assessments for Charges Not “Expressly Authorized” by Declaration Were Inappropriate This case involved a dispute between homeowners (“Owners”) and their property owners’ association (“Association”) over an assessment that was imposed by Association against all lot owners to fund the cost of annual inspections of owners’ lots to ensure that ...
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Avoid Litigation by Developing & Implementing Proper Architectural Review Policies It is a common practice in common interest communities that are governed by a homeowners association to have provisions in the association’s governing documents that require approval from the homeowners association for all changes to an owner’s separate interest or ...
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CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration by Lawrence Szabo, Esq. | Sep 1, 2014 Unpublished California Appellate Court decision (August 19, 2014). In this case, one homeowner (“Harper”) sued its neighboring homeowner (“Valentine”) and their homeowners association (“Association”) over alleged ...
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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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