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Court Reverses Trial Court’s Award of Daily Damages Against Owner

Court Reverses Trial Court’s Award of Daily Damages Against Owner

by Lawrence Szabo, Esq. | Oct 30, 2017 | Case Decisions, Dues and Assessments

Arizona Appellate Court decision (October 26, 2017). The case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over Owner’s alleged violations of Association’s governing documents with regard to the manner in which Owner...
Court Reverses Trial Court’s Award of Daily Damages Against Owner

Court Limits Amount of Interest, Late Fees, and Attorney Fees HOA Can Collect

by Lawrence Szabo, Esq. | Oct 27, 2017 | Case Decisions, Dues and Assessments

Louisiana Appellate Court Decision (October 18, 2017). This case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over the amount of interest, late fee charges, and attorney’s fees Owner was responsible for after...
Court Reverses Trial Court’s Award of Daily Damages Against Owner

Court Says Association’s Actions Were Protected by the “Business Judgment Rule”

by Lawrence Szabo, Esq. | Oct 25, 2017 | Board of Directors, Case Decisions

New York Supreme Court, Appellate Division decision (October 18, 2017). In this case homeowners sued their homeowners association and the individual members of the association’s board of directors for damages based on claims of breach of contract and breach of...
Court Reverses Trial Court’s Award of Daily Damages Against Owner

Court Says Association’s Actions Were Protected by the “Business Judgment Rule”

by Lawrence Szabo, Esq. | Oct 25, 2017 | Board of Directors, Case Decisions

New York Supreme Court, Appellate Division decision (October 18, 2017). In this case homeowners sued their homeowners association and the individual members of the association’s board of directors for damages based on claims of breach of contract and breach of...
Court Reverses Trial Court’s Award of Daily Damages Against Owner

Ct. Rules that Absent Individual Injury, Members Cannot Enforce Restrictions that the HOA Waives its Right to Enforce

by Lawrence Szabo, Esq. | Jul 10, 2017 | Case Decisions, Dispute Resolution

This case involved an interesting set of facts where an individual member of a homeowners association (“Association”), who also was a member of Association’s Board of Directors and served as the Secretary of Association, sued two other members of Association...
Court Reverses Trial Court’s Award of Daily Damages Against Owner

California Court Holds HOA is Not Liable for Injuries Caused by Criminal Conduct in Common Area

by Lawrence Szabo, Esq. | Apr 6, 2017 | Case Decisions, Dispute Resolution

California Appellate Court decision (February 28, 2017). This case involved an action brought by a condominium complex resident (“Plaintiff”) against the homeowners association that owned and operated the property (“Association”). Factually, Plaintiff was permanently...
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