Use and Maintenance

The “Use and Maintenance” category contains articles of information that pertains to the use and maintenance of the property that is part of a common interest development.

Architectural and Aesthetic Restrictions Imposed by Homeowners Associations

/ Use and Maintenance
Architectural and Aesthetic Restrictions Imposed by Homeowners Associations It is standard for the governing documents for a common interest development to contain restrictions that impose aesthetic and architectural controls on the owners of separate interests that are part of the common interest development. Typically, the state courts have allowed associations ...
Read More

CA Court Finds Homeowners’ Dogs are “Clear & Present Danger” to Community & Grants Injunction

January 31, 2014 - Unpublished decision by California Appellate Court. A California appellate court affirmed the trail court's decision in an HOA's action against homeowners over allegations that the homeowners' dogs (three large German Shepherds) created a "dangerous situation" in the development. The HOA claimed the homeowners breached terms of ...
Read More

CA Ct Says Unauthorized Installation of Hardwood Floors Created a Nuisance to Lower Unit

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 ...
Read More

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 ...
Read More

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 ...
Read More

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 ...
Read More

Does Your HOA Have a Policy Regarding Requests for Approval to Install Solar Panels?

/ Use and Maintenance
Does Your HOA Have a Policy Regarding Requests for Approval to Install Solar Panels? Requests from homeowners for approval to install solar panels on their property are becoming more and more common in homeowners associations throughout the country. Given the likelihood that most homeowners associations will have to address the ...
Read More

Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA

Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association under the Fair Housing Act (FHA) based on the association’s refusal to allow the homeowners ...
Read More

Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass In this case a homeowners association (“Association”) filed suit against a neighboring property owner that operated a day camp on their property. The Association alleged claims based on theories of nuisance and trespass that stem from ...
Read More

Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) concerning the Owners’ maintenance of their property in accordance with Association’s governing documents. The relevant provisions of the governing documents provided ...
Read More

Florida Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner

Florida Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner In this case, a homeowner installed a new septic drain field on his property which affected the landscaping in his front yard.  As part of the project the homeowner redesigned the affected landscaping to include hardscape features, vegetation and mulch, but ...
Read More

Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

Florida Court Says HOA Restrictive Covenant Doesn't Give a Neighbor Veto Power This case involved a dispute between neighboring townhouse owners over a yard lighting system installed by one of the neighbors that the other neighbor strenuously objected to. The homeowners association governing documents included a restrictive covenant that pertained ...
Read More

Florida Ct. Orders Homeowners’ Assn to Repair Slab Causing Moisture in Homeowners’ Unit

Florida Ct. Orders Homeowners’ Assn to Repair Slab Causing Moisture in Homeowners' Unit In this case, the plaintiffs were the owners of a ground floor condominium unit that had ongoing problems due to moisture intrusion through the slab under the floor of their unit. Under the HOA’s governing documents, the ...
Read More

Florida Decision Reveals 12 Key Points for Evaluation of a Request for Accommodation re Disability

Florida Decision Reveals 12 Key Points for Evaluation of a Request for Accommodation re Disability This case involves a dispute between a homeowners association and members over the members’ ability to keep a service dog (Sorenson) in their condominium as a “reasonable accommodation” under the Fair Housing Act (“FHA”). One ...
Read More

HOA Liable to Service Provider for Early Cancellation of Tree Care Services Contract

/ Case Decisions, Use and Maintenance
Illinois Appellate Court decision (September 18, 2014). A service provider had a four year contract with an HOA for tree care services. The service provider sued the HOA for breach of the contract alleging that the HOA terminated the contract after two years and then refused to pay the amount ...
Read More