by Lawrence Szabo, Esq. | May 12, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance
UNPUBLISHED North Carolina Appellate Court decision (April 7, 2015) A homeowners association (HOA) and its board of directors filed suit against a homeowner and her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...
by Lawrence Szabo, Esq. | May 8, 2015 | Case Decisions, Construction Defects, Dispute Resolution
Colorado Appellate Court decision (May 7, 2015). This case was an action seeking damages for construction defects that was filed by a condominium homeowners association (“Association”) against the project’s original developer / declarant who...
by Lawrence Szabo, Esq. | Apr 25, 2015 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Oregon US District Court decision (April 22, 2015). A lienholder (“Bank”) appealed a bankruptcy court ruling that confirmed a Chapter 13 Bankruptcy Plan that had been filed by the borrowers on a loan held by Bank which was secured by the borrowers’ property. Under the...
by Lawrence Szabo, Esq. | Apr 24, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments
West Virginia Supreme Court of Appeals decision (April 23, 2015). This case involved a dispute between a homeowners association (“HOA”) that was created as a West Virginia Limited Expense Planned Community under West Virginia law, and various homeowners...
by Lawrence Szabo, Esq. | Apr 22, 2015 | Case Decisions, Dues and Assessments
Nebraska Supreme Court decision (March 13, 2015). After the owner of property located within a common interest development governed by a homeowners association (“Association”) failed to pay assessments, the Association recorded notices of liens and filed a foreclosure...
by Lawrence Szabo, Esq. | Apr 4, 2015 | Case Decisions, Dispute Resolution, Insurance
Missouri Appellate Court decision (March 23, 2015). This case involved an action filed by a homeowners association (“ Association”) against the owners of nine units within the Association in order to obtain declaratory relief concerning the proper distribution of...
