by Lawrence Szabo, Esq. | Dec 10, 2014 | Case Decisions, Dispute Resolution, Dues and Assessments
U.S. District Court, Northern California District, decision (November 21, 2014). An HOA imposed fines against the owners of a separate interest in the homeowners association for their violation of the HOA’s governing documents that prohibit the renting of the...
by Lawrence Szabo, Esq. | Dec 9, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida District Appellate Court decision (December 5, 2014). This case involved claims by a foreclosing mortgage lender that it was entitled to limited liability under Florida’s safe harbor statutes for a homeowners association’s past unpaid assessments...
by Lawrence Szabo, Esq. | Dec 5, 2014 | Case Decisions, Dues and Assessments
US District Appellate Court decision (November 21, 2014). In this case, a homeowner in a common interest development filed a Chapter 13 bankruptcy. The homeowners association filed a claim as a “secured creditor” in the bankruptcy proceedings for unpaid...
by Lawrence Szabo, Esq. | Dec 5, 2014 | Case Decisions
New Jersey Supreme Court decision (December 3, 2014). This case involved a co-op common interest community (residents by shares of the building) governed by a board of directors. The governing documents, consisting of bylaws and rules, bar the placement of items like...
by Lawrence Szabo, Esq. | Nov 20, 2014 | Case Decisions, Use and Maintenance
Washington State Appellate Court decision (November 17, 2014). 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 to warn or otherwise protect...
by Lawrence Szabo, Esq. | Nov 13, 2014 | Case Decisions, Dispute Resolution, Dues and Assessments
Nevada US District Court decision (October 31, 2014). A collection agency for a Nevada homeowners association mistakenly sent a homeowner a foreclosure notice that failed to include the mandatory warning language which states that the author of the notice was “a debt...
