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’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 Awards Owners Damages of $134,900 and $106,801 for Association’s Failure to Maintain Common Areas and Improper Governing of Association

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 ...
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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 “Judicial Deference” Rule Protects Association’s “Good Faith Decisions”

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 ...
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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 HOA’s Rules Discriminated Against Children

Court Says HOA’s Rules Discriminated Against Children case involved an action by association members (“Owners”) against their homeowners’ association (“Association”) for alleged violations of the HOA's rules discrimination against children and Owners based on “familial status.” “Familial Status” is defined in the Fair Housing Act as “one or more individuals ...
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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 Says Owner Must Tear Down Unapproved Fence and Wall That Violated CC&Rs

Court Says Owner Must Tear Down Unapproved Fence and Wall That Violated CC&Rs This case involved a dispute between a homeowners association (“Association”) and a homeowner member of Association (“Owner”) over the construction of a retaining wall and fence by Owner that Association contended was in violation of specific limitations ...
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