by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Texas Appellate Court decision (February 13, 2015). 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....
by Lawrence Szabo, Esq. | Feb 8, 2015 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida Appellate Court decision (February 5, 2015). This case involved an appeal by a homeowners association of a trial court ruling that granted a homeowner the right to redeem its property after the association had taken title by way of a foreclosure sale. In April...
by Lawrence Szabo, Esq. | Feb 3, 2015 | Case Decisions, Dispute Resolution
US Supreme Court decision (January 13, 2015). This case addressed the issue of what steps a borrower must take in order to effectively rescind a loan under the Truth in Lending Act. The threshold issue was whether a borrower exercises rescission rights by merely...
by Lawrence Szabo, Esq. | Jan 30, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015). This case involved a dispute between a homeowner and his HOA over an addition that the homeowner sought to construct to his home which the Association maintained violated side-yard setback restrictions...
by Lawrence Szabo, Esq. | Jan 24, 2015 | Case Decisions, Dispute Resolution
Tennessee Appellate Court decision (December 29, 2014). Following a failed real estate sales transaction, the homeowner sued her real estate agent and several other parties that were involved in the transaction. The trial court granted the defendants’ motions to...
by Lawrence Szabo, Esq. | Jan 17, 2015 | Case Decisions, Ownership and Transfer of Interest
US Bankruptcy Court, Eastern District of New York decision (January 6, 2015) In this case, the owner of property sought to have a foreclosure sale conducted by the community homeowners association approximately two and one-half hours prior to the filing of a Chapter...