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 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 ...
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Association Directors Cannot Ignore Their Association

/ Use and Maintenance
Association Directors Cannot Ignore Their Association A common issue within homeowners associations relates to decisions relative to the maintenance of common areas. As buildings and their structural components age, they deteriorate and become in need of maintenance, repairs, and/or replacements. To ensure that the required work is performed as needed, ...
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Association’s Right of Entry into an Owner’s Unit

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

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 ...
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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 ...
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Court Case Ruling on Short Term Rentals

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 ...
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Court Considers Duty Association Owes to Persons Injured as a Result of Conditions on Common Area Property

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 ...
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Court Rules Drainage Pipes Under One Unit Provide “Common Benefit” to Multiple Units

/ Case Decisions, Use and Maintenance
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 ...
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Court Says Condo Owner Must Vacate Unit and Provide Key for Access

/ Case Decisions, Use and Maintenance
Court Says Condo Owner Must Vacate Unit and Provide Key for Access This case involved a dispute between condominium owners (“Owners”) and their homeowners association (“Association”) over Owners’ refusal to allow Association and its agent, a pest control company, access to Owners’ unit to perform necessary fumigation to treat termite ...
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Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner

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 no ...
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Court Says HOA Waiver of Restrictions on Leasing of Units Requires Amendment to Bylaws

Court Says HOA Waiver of Restrictions on Leasing of Units Requires Amendment to Bylaws This case involved a dispute between a homeowners association (“Association”) and the owner of five condominiums that were part of Association (“Owner”) that were leased to third-party tenants by Owner in violation of lease restrictions that ...
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Court Says Homeowners Association Has Right to Evict an Owner’s Tenant for being a “Nuisance”

Court Says Homeowners Association Has Right to Evict an Owner’s Tenant for being a “Nuisance” This case involved a dispute between a condominium homeowners association (“Association”) and a tenant of an owner/member of the Association (“Tenant”). Association sought to terminate the owner’s lease with Tenant based on the Tenant’s violation ...
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Court Throws Out Claims v HOA Under Federal Law Re Display Of American Flag

Court Throws Out Claims v HOA Under Federal Law Re Display Of American Flag by Lawrence Szabo, Esq. | Apr 13, 2014 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 ...
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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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