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NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

by Lawrence Szabo, Esq. | Feb 25, 2015 | Case Decisions, Dispute Resolution, Insurance

New Hampshire Supreme Court decision (January 13, 2015). In this action a homeowners association that consisted of the owners of 24 residential condominium units filed an action for declaratory relief seeking a court determination that two insurance carriers that...
NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

CA Ct Says Unauthorized Installation of Hardwood Floors Created a Nuisance to Lower Unit

by Lawrence Szabo, Esq. | Feb 16, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance

UNPUBLISHED California Appellate Court decision (January 29, 2015). 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...
NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

HOA’s Insurance Claim for Hurricane Damage Is Denied Due to Late Notification to Carrier

by Lawrence Szabo, Esq. | Feb 14, 2015 | Case Decisions, Dispute Resolution, Insurance

Eleventh Circuit (Florida) US District Appellate Court Decision (January 8, 2015). An HOA in Florida with 380 residential units sustained property damage from a hurricane that struck the Florida coast on October 24, 2005.  At the time of the hurricane the HOA carried...
NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

Texas Court Rules Against HOA in Dispute Over Homeowner Display of the American Flag

by Lawrence Szabo, Esq. | Feb 12, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Texas Appellate Court decision (January 27, 2015). 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...
NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

Indiana Ct Issues Injunction Directing Homeowner to Remove Wood Pallets in Backyard & Pay Atty Fees

by Lawrence Szabo, Esq. | Feb 10, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance

Indiana Appellate Court decision (January 27, 2015). A homeowner refused to remove wooden pallets that were propped up against a tree in his backyard as directed by the HOA’s property manager who informed the homeowner that, because the pallets were visible from...
NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

Florida Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner

by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

In this case, a homeowner installed a new septic drain field on his property which affected the landscaping in his front yard.  As part of the project the homeowner redesigned the affected landscaping to include hardscape features, vegetation and mulch, but no grass....
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