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Ownership and Transfer of Interest

The “Ownership and Transfer of Interest” category contains articles of information on topics relating to the ownership and transfer of a homeowner’s separate interest in a common interest development.

Appellate Court Rejects Class Action Claims Against HOA Management Companies Over Transfer Fees

Appellate Court Rejects Class Action Claims Against HOA Management Companies Over Transfer Fees A California Court of Appeal issued a decision clarifying a community association manager’s ability to charge transfer fees upon a change of ownership. The appellate court rejected potential class action claims against a management company for charging ...
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Association Use of Indemnity Agreements as a Condition of Approving Modifications Requested by Homeowners

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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Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner

Bankruptcy Court Says HOA Foreclosure Sale Stands Due to Late Filing of Chapter 11 by Property Owner by Lawrence Szabo, Esq. | Jan 17, 2015 US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought to have a foreclosure sale ...
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California Court Rules on When Statute of Limitations Period Commences for Obstruction of View Claims

California Court Rules on When Statute of Limitations Period Commences for Obstruction of View Claims UNPUBLISHED California Appellate Court decision (August 14, 2017). This case involved a dispute between neighboring homeowners over the maintenance of landscaping that obstructed the view from one of the owner’s property. The disputing parties both ...
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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 ...
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Court Rejects Owner’s Affirmative Defenses and Orders Owner to Remove Unapproved Wall Constructed in Front Yard 

Court Rejects Owner’s Affirmative Defenses and Orders Owner to Remove Unapproved Wall Constructed in Front Yard This case involved a dispute between a homeowner (“Owner”) and her homeowners association (“Association”) over Owner’s right to construct a wall across her front yard. This content is for Subscribers. To continue reading, you ...
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Dealing With Tenant Violations of HOA Rules

Dealing With Tenant Violations of HOA Rules A common problem that is addressed by homeowners’ association management personnel pertains to dealing with those that are violating HOA rules. Unfortunately, statistics show that renters tend to violate homeowners association rules more frequently than owners. The likely reasons for this is that: ...
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Documents That Should Be Reviewed and Approved Prior to Purchasing a Property in a Common Interest Community

Documents That Should Be Reviewed and Approved Prior to Purchasing a Property in a Common Interest Community When a person enters into an agreement to purchase a property that is part of a common interest development it is critical that they obtain, review and approve certain documentation pertaining to the ...
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Don’t Blindly Rely on Your Realtor to Evaluate an Association That You Are Buying Into

Don't Blindly Rely on Your Realtor to Evaluate an Association That You Are Buying Into Many prospective buyers of properties that are located within a common interest development blindly rely on their real estate agent to thoroughly review the association’s finances and other documents that they are supposed to review ...
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Federal Act Provides Mechanism for Purchasers and Lessees to Revoke Contracts Under Some Circumstances

Federal Act Provides Mechanism for Purchasers and Lessees to Revoke Contracts Under Some Circumstances A United States District Court of Appeals in New York reversed lower court’s ruling which granted summary judgment in favor of the purchasers of luxury condominium unit in New York City who were seeking revocation of ...
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FHA-Backed Mortgages Become Easier To Receive

FHA-Backed Mortgages Become Easier To Receive The Federal Housing Administration (FHA) has taken action to modify its regulations in order to make it easier for buyers of condominiums to receive FHA-backed mortgages. FHA-backed mortgages are desirable because, unlike conventional mortgages that typically require a 20% down payment, the FHA-back loans ...
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FL Ct Says Lender Was Assignee by Operation of Law & Has Limited Liability for Unpaid Assessments

FL Ct Says Lender Was Assignee by Operation of Law & Has Limited Liability for Unpaid Assessments by Lawrence Szabo, Esq. | Dec 9, 2014 Florida District Appellate Court decision (December 5, 2014). This case involved claims by a foreclosing mortgage lender that it was entitled to limited liability under ...
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Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale

Florida Court Says Homeowner Not Entitled to Redeem Property Following HOA Lien Foreclosure Sale This case involved an appeal by a homeowners association of a trial court ruling that granted a homeowner the right to redeem its property after the association had taken title by way of a foreclosure sale ...
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Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner by Lawrence Szabo, Esq. | Nov 1, 2014 Florida District Court of Appeals decision (November 14, 2014). This case involved an appeal by an absentee homeowner of a lower court’s default judgment allowing the homeowner’s HOA ...
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HOA Amendment of CC&Rs Restricting Owner Rental Rights was Valid

HOA Amendment of CC&Rs Restricting Owner Rental Rights was Valid This case involved a dispute between a homeowner (“Owner”) and a homeowners’ association (“Association”) over the enforceability of an amendment to the Association’s CC&Rs that imposed a restriction on homeowners’ rights to rent their units. When Owner purchased his unit ...
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