Governing Documents

The “Governing Documents” category contains articles of information on topics that are related to a homeowner association’s governing documents.

“Injunctive Relief” Affords HOAs and Their Members a Means for Enforcing Governing Documents

/ 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 ...
Read More

10 Common Defenses to Actions to Enforce Governing Documents

/ Governing Documents
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 ...
Read More

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 ...
Read More

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Arizona Court Rules Homeowner Must Comply with CC&Rs UNPUBLISHED Arizona Appellate Court decision (December 10, 2015).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

Association’s Right of Entry into an Owner’s Unit

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 ...
Read More

Avoid Litigation by Developing & Implementing Proper Architectural Review Policies

/ Governing Documents
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 ...
Read More

CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

/ Governing Documents
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 ...
Read More

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 ...
Read More

California Ct. Rules that HOA’s Governing Documents Include the “Architectural Guidelines”

California Ct. Rules that HOA’s Governing Documents Include the “Architectural Guidelines” This case involved an appeal by the owners (“Owners”) of a vacant lot from a trial court judgment in favor of their homeowners association (“Association”) that required Owners to plant the slope on their property all the way to ...
Read More

Can HOA Implement a Solar Panel Restriction?

Can HOA Implement a Solar Panel Restriction? This case involved a dispute between husband and wife homeowners (collectively “Owner”) and their homeowners association (“Association”) over the installation of solar panels on the roof of Owner’s home without Owner having first obtained approval from Association’s architectural review committee as required by ...
Read More

Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

/ Governing Documents
Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) over the validity of the Association’s amended and restated Declaration (“Amendment”) — the recorded instrument that creates a common interest community and sets forth ...
Read More

Colorado Supreme Ct. Says Contractual Exculpatory Clauses that Protect Directors and Agents do Not Protect the Association

Colorado Supreme Ct. Says Contractual Exculpatory Clauses that Protect Directors and Agents do Not Protect the Association Colorado Supreme Court decision (May 1, 2017). This case involved a dispute between a Property Owners Association (“Association”) and two homeowner members of Association who built a home within the common interest community ...
Read More

Court Awards Homeowner Punitive Damages After Association Denies Owner’s Request for an Accommodation from Association’s “No Pets” Policy

/ Governing Documents
Court Awards Homeowner Punitive Damages After Association Denies Owner’s Request for an Accommodation from Association’s “No Pets” Policy  This case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over Owner’s right to have an accommodation from HOA no pets policy in order to retain her pet ...
Read More

Court Awards Homeowner with Judgment for Over $600,000 for Failure to Allow Service Dog in Clubhouse

Court Awards Homeowner with Judgment for Over $600,000 for Failure to Allow Service Dog in Clubhouse This case involved a dispute between a homeowners association (“Association”), and its management personnel, and the owners (“Owner”) of a property located within the common interest community that was governed by Association. The dispute ...
Read More

Court Awards Homeowners Association $1,881 in Damages and $201,750 for Attorney Fees in Dispute Over Nonpayment of $2,400 Special Assessment

Court Awards Homeowners Association $1,881 in Damages and $201,750 for Attorney Fees in Dispute Over Nonpayment of $2,400 Special Assessment This case involved a dispute between a homeowner (“Owner”) and his homeowners association (“Association”) over the payment of a $2,400 special assessment made by Association in 2010 for emergency roof ...
Read More