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...
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...
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...
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...
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...
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...