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 President’s Short-Term Airbnb Rentals of Condominium Challenged in Court

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 ...
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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 Articulates Requirements for Temporary Injunctive Relief Compelling Association to Make Repairs

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 ...
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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 Finds Short Term Rentals Are Not a Business, And Awards Over $260,000 in Attorney Fees

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 ...
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Court Orders Owners to Restore Property Modifications

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 ...
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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 Association’s CC&Rs Violated FHA Protections for Substance-Addicted Individuals

Court Says Association’s CC&Rs Violated FHA Protections for Substance-Addicted Individuals This case involved a dispute between a homeowners association (“Association”) and the owners (“Owners”) of a property within the community that was being used by Owners’ tenant as a rehab facility to treat up to eight individuals who were recovering ...
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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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