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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.

Texas Court Says Short Term Rentals of Owner’s Property Were Prohibited Business Purposes

Texas Court Says Short Term Rentals of Owner’s Property Were Prohibited Business Purposes In this case, a homeowner (“Owner”) brought an action against his homeowners’ association (“Association”) challenging deed restrictions which provided that homes must be “used solely for residential purposes.” After Owner had been renting his home for short ...
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Texas Ct. Says Judgment for Foreclosure of Lien Must Include “Order of Sale.”

Texas Ct. Says Judgment for Foreclosure of Lien Must Include "Order of Sale." In this case, a homeowners association brought suit against a homeowner member of the association to collect unpaid assessments, late fees, attorney fees, and to foreclose on the homeowners separate interest in the association. The homeowner did ...
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Texas Ct. Says No Evidence is Necessary to Support a Default Judgment for Foreclosure

Texas Ct. Says No Evidence is Necessary to Support a Default Judgment for Foreclosure A homeowners association filed an action for damages and foreclosure against homeowners that wee delinquent in the payment of assessments owed to the association. The homeowners failed to appear in the action and the court entered ...
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Understanding Rights & Responsibilities Concerning Common Area That is Designed for Use by a Limited Number of Homeowners

Understanding Rights & Responsibilities Concerning Common Area That is Designed for Use by a Limited Number of Homeowners A source of considerable confusion and disputes between homeowners and their homeowners association (HOA) involves issues pertaining to those portions of the common area that are designed for use by less than ...
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Understanding the Real Estate Settlement Procedures Act (RESPA)

Understanding the Real Estate Settlement Procedures Act (RESPA) The Real Estate Settlement Procedures Act (RESPA) is federal law (found in 12 U.S.C.A. §§ 2601 et seq.) that pertains to transactions in which there is a “federally related mortgage loan.” RESPA places controls over the settlement process (close of escrow) for ...
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Understanding the Rights of Co-Owners of a Separate Interest in a Homeowners Association

Understanding the Rights of Co-Owners of a Separate Interest in a Homeowners Association The governing documents of most homeowners associations make a distinction between a member’s voting rights and all the other rights and privileges of members in the association. Thus, for example, it is common for an association’s governing ...
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US Dist Ct Won’t Review State Court Foreclosure Judgment in Favor of HOA

US Dist Ct Won’t Review State Court Foreclosure Judgment in Favor of HOA by Lawrence Szabo, Esq. | Jun 16, 2014 Illinois US District Court decision (June 13, 2014). Plaintiffs brought suit against an HOA in federal court seeking to challenge a state court foreclosure judgment and to litigate other ...
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WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals

WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals This case involves a dispute between a homeowners association (“Association”) and its members over the percentage of unit owner voter approval that is needed to pass an amendment to the Association’s declaration that restricts the leasing of units within the ...
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