Governing Documents

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

10 Common Defenses to Actions to Enforce Governing Documents

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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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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Arizona Court Rules Homeowner Must Comply with CC&Rs UNPUBLISHED Arizona Appellate Court decision (December 10, 2015).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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Avoid Litigation by Developing & Implementing Proper Architectural Review Policies

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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

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Unpublished California Appellate Court decision (August 19, 2014).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 violations of the Association's governing documents, which included the Association's Architectural Guidelines ("Guidelines"). Harper's action sought relief from the Association's approval of the construction ...
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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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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 ...
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Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

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

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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 ...
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Court Orders Homeowner to Reconstruct Driveway that was not Approved by Association’s Architectural Review Committee

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Court Orders Homeowner to Reconstruct Driveway that was not Approved by Association’s Architectural Review Committee Delaware Court of Chancery decision (April 21, 2017). This case involved a dispute between a homeowners association (“Association”) and the owner of a home situated within the common interest community governed by Association (“Owner”), over ...
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Court Throws Out Claims v HOA Under Federal Law Re Display Of American Flag

US District Court, Florida decision entered March 31, 2014. This case involves an HOA's restrictions regarding the flying of the American flag by an association member. The Association has specific rules regarding the display of flags that do not include the allowing them to be placed in planting pots. The ...
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Ct Rules Nondisabled Minor Child of Parents Who Suffered HOA Discrimination Can Sue Under the FHA

Ct Rules Nondisabled Minor Child of Parents Who Suffered HOA Discrimination Can Sue Under the FHA This case involved claims filed by husband and wife homeowners and their minor daughter against their homeowners association, its board of directors, its property management company, and the individual property manager for violations of ...
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DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable

DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable This case involved a dispute between a condominium owner and her homeowners association over the owners attempted modifications to her separate interest property that the association contended were in violation of the association’s governing documents. Specifically, the ...
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Don’t Overlook the “Bylaws” When Reviewing HOA Governing Documents

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Don't Overlook the "Bylaws" When Reviewing HOA Governing Documents There are multiple documents that collectively comprise the governing documents for a homeowners association. Those documents typically consist of: (i) Articles of Incorporation (ii) Bylaws; (iii) Declaration / Conditions, Covenants and Restrictions (“CC&Rs); and (iv) Rules and Policies ...
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