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.

Solar Panels: Are They Worth the Cost?

/ Use and Maintenance
Solar Panels: Are They Worth the Cost? A solar power system is appealing to a lot of homeowners for obvious reason. Environmentally friendly, lowered electricity costs and a more energy efficient home, solar panels have a lot of pluses to them. But, although they have become more affordable in recent ...
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Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

Is Your HOA Prepared to Properly Handle a Request for a Reasonable Accommodation Due to a Disability? A Texas judge has denied a request by a neighbor and the homeowners association for a temporary HOA injunction that would immediately stop the continued use of a family home in a common ...
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Texas Court Rules Against HOA in Dispute Over Homeowner Display of the American Flag

Texas Court Rules Against HOA in Dispute Over Homeowner Display of the American Flag In this case, a homeowners association sued a homeowner/member of the association for damages and injunctive relief for flying the American flag in violation of the HOA’s guidelines. The  homeowner flies the flag on a flagpole that ...
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Texas Court Says HOA Lacked Authority to Compel Owners to Use a Trash Service Provider Chosen by the Board of Directors

Texas Court Says HOA Lacked Authority to Compel Owners to Use a Trash Service Provider Chosen by the Board of Directors The case involved a dispute over whether a homeowners association (“Association”) had the authority to compel owners and residents within the common interest community to use and pay for ...
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Texas Court Says HOA President Can Carry Handgun on “Walk-thrus” of the Common Area

Texas Court Says HOA President Can Carry Handgun on "Walk-thrus" of the Common Area The president of a homeowners association in Texas carried a handgun in a holster strapped to his leg while conducting “walk-thrus” of the association’s common areas. He was arrested and convicted of unlawfully carrying a handgun ...
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Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities A homeowners association (“Association”) brought suit against an individual homeowner / member of the Association to enforce restrictive covenants contained in the Association’s governing documents. In the lawsuit, the Association alleged that the homeowner installed windows in ...
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Things to Know About the Use of Security Cameras by Homeowners Associations

/ Use and Maintenance
Things to Know About the Use of Security Cameras by Homeowners Associations The use of electronic surveillance in the form of security cameras is becoming more commonplace within homeowners associations. Security cameras are typically utilized to: (i) serve as a deterrent to criminal activity; and (ii) capture images that may ...
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Tips for HOA Directors Regarding Contracting on Behalf of the Association

Court Reverses Trial Court’s Award of Daily Damages Against Owner Acting through its board of directors, homeowners associations are responsible for properly maintaining the common areas of a common interest development. Proper maintenance of the common areas necessitates contracting for materials and services that are provided by third party vendors ...
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U.S. Dist. Ct. Says HOA Violated Fair Housing Laws by Prohibiting Parking of Van in Owner’s Driveway

U.S. Dist. Ct. Says HOA Violated Fair Housing Laws by Prohibiting Parking of Van in Owner’s Driveway This case involved a dispute over a homeowners association’s denial of a member’s request for an accommodation from a restrictive covenant that prohibited them from parking large vehicles in their driveways. The owners ...
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Understanding and Dealing with Nuisances in Common Interest Developments

/ Use and Maintenance
Understanding and Dealing with Nuisances in Common Interest Developments All property owners that are members of a homeowners association which manages a common interest development are responsible for complying with state and local laws and the provisions contained in the association’s governing documents. The applicable laws and an association’s governing ...
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Understanding Rights & Responsibilities Concerning Common Area That is Designed for Use by a Limited Number of Homeowners

Understanding Rights & Responsibilities Concerning Common Area That is Designed for Use by a Limited Number of Homeowners A source of considerable confusion and disputes between homeowners and their homeowners association (HOA) involves issues pertaining to those portions of the common area that are designed for use by less than ...
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Valid or Not Valid? Association Enforcement of Deed Restrictions Against Owner Decided by Court

Valid or Not Valid? Association Enforcement of Deed Restrictions Against Owner Decided by Court This case involved a dispute between a property owners association (“Association”) and a property owner (“Owner”) over Owner’s right to retain a mobile home on his property. At issue was the application of a deed restriction ...
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WA Appellate Ct. Decision Does Not Resolve Ongoing Neighbor Dispute Over The Height of Trees

WA Appellate Ct. Decision Does Not Resolve Ongoing Neighbor Dispute Over The Height of Trees This case involved a dispute between adjacent homeowners in a common interest development over the height of trees on one of the owner’s property that interfered with the view from the other owner’s property. The ...
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WA Ct. Says HOA Not Liable to Employee of Maintenance Company For Injuries from Falling Tree

/ Case Decisions, Use and Maintenance
WA Ct. Says HOA Not Liable to Employee of Maintenance Company For Injuries from Falling Tree An employee of a company hired by an HOA to maintain the common areas, including trees, was injured when a tree fell on him. He sued the HOA claiming that it breached its duty ...
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Who is Responsible for Repair and Maintenance of HVAC System?

Who is Responsible for Repair and Maintenance of HVAC System? This case involved a dispute between a condominium owner (“Owner”), and her homeowners association (“Association”) over who was responsible for the cost of maintaining and repairing the heating, ventilation, and air conditioning system (“HVAC System”) that serviced Owner’s unit. Owner ...
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