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.

HOA & Property Manager Not Liable for Owner’s Injuries

/ Use and Maintenance
HOA & Property Manager Not Liable for Owner's Injuries This case involved a dispute between a homeowner and his homeowners association and the association's management company over personal injury liability for injuries sustained by the homeowner when he fell as a result of a condition on a portion of the ...
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HOA Approval of Owner Modifications Should Require a Recordable Indemnification Agreement

/ Use and Maintenance
HOA Approval of Owner Modifications Should Require a Recordable Indemnification Agreement HOA Approval of Owner Modifications are frequently requested to approve modifications that are desired by owners of separate interests within the association. The approval of modifications is generally a function of the association’s architectural review committee and/or the board ...
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HOA Boards Have a Duty to Properly Maintain Common Areas

HOA Boards Have a Duty to Properly Maintain Common Areas A common conflict between homeowners’ association management personnel and association members relates to the failure on the part of the association’s board of directors to properly maintain various components that are part of the association's common areas (i.e. roof, wood ...
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HOA Director Maintenance Responsibilities

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

/ Case Decisions, Use and Maintenance
HOA Liable to Service Provider for Early Cancellation of Tree Care Services Contract by Lawrence Szabo, Esq. | Sep 20, 2014 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 ...
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HOA Mold Damage Liability that Results from Water Leaks – Who is Liable?

/ Use and Maintenance
HOA Mold Damage Liability that Results from Water Leaks - Who is Liable? HOA mold damage liability is in question. A common problem that frequently results in litigation between condominium owners, their homeowners’ associations, and their respective insurance carriers relates to who is responsible for damages that result from mold ...
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HOA Use of Indemnity Agreements as Condition of Approval of Owner Modifications

/ Use and Maintenance
HOA Use of Indemnity Agreements as Condition of Approval of Owner Modifications Most common interest developments’ declarations contain restrictions that impose aesthetic and architectural controls on the owners. Frequently, architectural control issues involve disputes concerning modifications that an owner seeks to make to the owner’s separate interest property (i.e. their ...
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HOA’s vs. Solar Panels: What Gives?

/ Use and Maintenance
HOA's vs. Solar Panels: What Gives? I have visited the subject of HOAs and Solar Panels in the past, but it recently became apparent that HOAs are still making headlines - many are still working to prevent the installation of energy saving solar panels. This is a conflict that is ...
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HOAs Can Reduce Conflicts by Creating a “Maintenance Responsibility Chart”

HOAs Can Reduce Conflicts by Creating a “Maintenance Responsibility Chart” A common cause of conflicts between homeowners’ associations and their members is a lack of understanding whether the association or the homeowner is responsible for the maintenance, repair or replacement of a particular item or component. The lack of understanding ...
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HOAs Should Have Procedures for Retaining Contractors

/ Use and Maintenance
HOAs Should Have Procedures for Retaining Contractors Management personnel for homeowners associations (property managers and directors) are constantly arranging for maintenance, repair, and improvement work that is required to properly maintain and/or improve the association’s common area property. To make prudent financial decisions about expenditures for maintenance, repairs, and improvements ...
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Homeowner Prevails Over HOA in Dispute Over Political Sign

Homeowner Prevails Over HOA in Dispute Over Political Sign A Jefferson County judge ruled that an HOA violated a member’s right to free speech by banning him from putting a political sign in his yard in support of a local candidate that was running for a city position. This content ...
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Homeowner Wins Suit Against Neighbor for Common Law Nuisance— and Has to Pay Legal Fees to the Offender

Homeowner Wins Suit Against Neighbor for Common Law Nuisance--- and Has to Pay Legal Fees to the Offender This case involved a dispute between neighboring homeowners who are members of a homeowners’ association (“Association”) located in Florida. The dispute pertained to one of the neighbor’s complaints about noise from pool ...
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Homeowner’s Repeated Violations of Injunction Results in Dismissal of Answer and Default Judgment

Homeowner's Repeated Violations of Injunction Results in Dismissal of Answer and Default Judgment A homeowners association (HOA) and its board of directors filed suit against a homeowner and her parents based on claims for malicious prosecution, abuse of process and defamation. The plaintiffs alleged that the defendant engaged in a ...
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Illinois Court Upholds Homeowners’ Right to Conduct Daycare Business in HOA Community

Illinois Court Upholds Homeowners’ Right to Conduct Daycare Business in HOA Community This case involved an action for declaratory relief filed by a homeowners association (“Association”) against four homeowners (“Homeowners”) to enforce a restrictive covenant contained in Association’s governing documents in an effort to prohibit Homeowners’ operation of two daycare ...
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Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner

Indiana Court Orders Removal of Unauthorized "Structure" Erected by Homeowner A homeowner erected a rainwater collection system on his property located within a common interest development without first obtaining consent from the homeowners association. The system consisted of rain barrels and drainage pipes on multiple sides of the homeowner’s home ...
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