by Lawrence Szabo, Esq. | Nov 12, 2014 | Case Decisions, Governing Documents, Use and Maintenance
Indiana Appellate Court decision (November 10, 2014). A homeowner erected a rainwater collection system on his property located within a common interest development without first obtaining consent from the homeowners association. The system consisted of rain barrels...
by Lawrence Szabo, Esq. | Nov 11, 2014 | Case Decisions, Dues and Assessments, Finances
Massachusetts Appellate Court decision (November 7, 2014) Homeowners withheld payment of monthly HOA dues because of a dispute with their HOA over parking rules and associated fines. The association filed a court action to recover the unpaid dues and establish a...
by Lawrence Szabo, Esq. | Nov 7, 2014 | Case Decisions, Ownership and Transfer of Interest
Texas Appellate Court decision (November 4, 2014). A homeowners association filed an action for damages and foreclosure against homeowners that wee delinquent in the payment of assessments owed to the association. The homeowners failed to appear in the action and the...
by Lawrence Szabo, Esq. | Nov 1, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida District Court of Appeals decision (November 14, 2014). This case involved an appeal by an absentee homeowner of a lower court’s default judgment allowing the homeowner’s HOA to foreclose its lien for unpaid maintenance assessments and sell the homeowner’s...
by Lawrence Szabo, Esq. | Nov 1, 2014 | Case Decisions, Dispute Resolution, Member Meetings
New York Appellate Court decision (October 30, 2014). Homeowners that initially represented 5% or more of the members of a homeowners association, commenced a derivative action against the association. Subsequent to filing the action, certain of the plaintiff...
by Lawrence Szabo, Esq. | Oct 31, 2014 | Case Decisions, Construction Defects
A homeowners association brought suit against the original developer and general contractor for damages resulting from alleged faulty construction. The homeowners association alleged claims based on theories of negligence during the construction of the condominiums,...
