Use and Maintenance

Architectural and Aesthetic Restrictions Imposed by Homeowners Associations It is standard for HOA Architectural Rules and aesthetic restrictions to be contained in the governing documents for a common interest development. Typically, the state courts have allowed associations broad discretion on the content of architectural restrictions. Most cases addressing a community ...

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 ...

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 ...

CA Court Finds Homeowners’ Dogs are “Clear & Present Danger” to Community & Grants Injunction by Lawrence Szabo, Esq. | Feb 2, 2014 A California appellate court affirmed the trial court’s decision in an HOA’s action against homeowners over allegations that the homeowners’ dogs (three large German Shepherds) created a ...

CA Ct Says Unauthorized Installation of Hardwood Floors Created a Nuisance to Lower Unit This case involved a dispute between a homeowners association and a member of the association who made unauthorized modifications to the flooring in his upstairs condominium unit. The association’s governing documents contained provisions that provide, “No ...

Court Articulates Requirements for Temporary Injunctive Relief Compelling Association to Make Repairs This case involved an action by a condominium owner (“Owner”) against his condominium owners association (“Association”) and the owner of a hotel (“Hotel Owner”) that occupied the first 18 floors of a high rise building in which Owner’s ...

Court Awards Owners Damages of $134,900 and $106,801 for Association’s Failure to Maintain Common Areas and Improper Governing of Association This case involved claims brought by two condominium owners (“Owners”) against their condominium association (“Association”) for damages and injunctive relief based on claims that Association: (i) failed to properly maintain ...

Court Case Ruling on Short Term Rentals This case involved a dispute between a homeowner ("Owner") and his owners association ("Association") in Texas over Owner's use of his property for short-term vacation rentals. In a five month period, Owner had entered into thirty-one short-term rental agreements for his property which ...

Court Considers Duty Association Owes to Persons Injured as a Result of Conditions on Common Area Property This case involved claims for personal injuries against a Property Owners Association (“Association”) by an individual who was injured (“Plaintiff”) after falling off of a retaining wall located within Association’s common areas. The ...

Court Finds Short Term Rentals Are Not a Business, And Awards Over $260,000 in Attorney Fees This case involved a dispute between the owner of one unit in a four unit condominium complex (hereinafter “Plaintiff”), and his Homeowners Association (“Association”), together with two of the other three unit owners (hereinafter ...

Court Grants Association Immediate Possession of Owner’s Unit to Perform Termite Fumigation This case involved a dispute between a property owner (“Owner”) and his homeowners’ association  (“Association”) over Association’s right to force Owner to move out of his property for the purpose of performing termite fumigation of Owner’s building. This ...

Court Orders Owners to Restore Property Modifications This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ construction of improvements on their property that had not been approved by Association. This content is for Subscribers. To continue reading, you must have a Subscription with HOA ...

Court Rules That Exculpatory Clause in Declaration Shielded Association from Liability for Owner’s Property Damage Caused by Water Leaks from Negligently Maintained Common Area Components This case involved a dispute between a condominium owner (“Owner”) and its homeowners association (“Association”) over Association’s liability for damages caused to Owner’s unit. This ...

Court Rules Drainage Pipes Under One Unit Provide “Common Benefit” to Multiple Units This case involved a dispute between a homeowner (“Owner”) and her homeowners association (“Association”) over who was responsible for the maintenance of a HOA drainage pipe located under Owner’s townhouse that leaked and caused flooding and property ...

Court Says “Judicial Deference” Rule Protects Association’s “Good Faith Decisions” This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over the method of repairs chosen by Association to a wall and subsiding common area slopes that were causing damage to Owners’ adjacent properties. This content is ...