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Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”

Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”

by Lawrence Szabo, Esq. | Oct 30, 2014 | Board of Directors, Case Decisions

Missouri Appellate Court decision (October 28, 2014). This case involved numerous disputed issues pertaining to an 18 home subdivision where the original developer (“Developer”) went out of business after selling 5 homes and the remaining 13 undeveloped lots were...
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”

Oregon Bankruptcy Court Says Debtors’ Chapter 13 Plan Can Force Lender to Take Title to Property

by Lawrence Szabo, Esq. | Oct 17, 2014 | Case Decisions, Ownership and Transfer of Interest

US Bankruptcy Court For The District of Oregon decision (October 15, 2014): The Debtors in this Chapter 13 bankruptcy proceeding owned a property located in a planned community where the property was subject to homeowners association assessments. The homeowners...
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”

Bankruptcy Court Says Ongoing HOA Assessments are Dischargeable

by Lawrence Szabo, Esq. | Oct 2, 2014 | Case Decisions, Dues and Assessments

US Bankruptcy Court decision (September 25, 2014): In this case, the owners of a condominium located within a common interest community stopped paying their mortgage and homeowners assessments and abandoned their property. They subsequently filed a Chapter 13...
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”

NV Supreme Ct Upholds Decision Giving HOA Lien Priority Over $885,000 First Trust Deed

by Lawrence Szabo, Esq. | Sep 28, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest

Nevada State Supreme Court decision (September 18, 2014): The Nevada State Supreme Court has ruled that a homeowners association’s foreclosure of a super priority lien can extinguish a first deed of trust on the property. The property in question was owned by a real...
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”

HOA Liable to Service Provider for Early Cancellation of Tree Care Services Contract

by Lawrence Szabo, Esq. | Sep 20, 2014 | Case Decisions, Use and Maintenance

Illinois Appellate Court decision (September 18, 2014). A service provider had a four year contract with an HOA for tree care services. The service provider sued the HOA for breach of the contract alleging that the HOA terminated the contract after two years and then...
Missouri Ct. Says Actions of Improperly Constituted HOA Board are “Null and Void.”

Texas Court Says HOA President Can Carry Handgun on “Walk-thrus” of the Common Area

by Lawrence Szabo, Esq. | Sep 19, 2014 | Board of Directors, Case Decisions, Use and Maintenance

Texas Court of Criminal Appeals decision (September 17, 2014). The president of a homeowners association in Texas carried a handgun in a holster strapped to his leg while conducting “walk-thrus” of the association’s common areas. He was arrested and...
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