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Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

by Lawrence Szabo, Esq. | Sep 10, 2014 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

US District Court, Eastern District of California decision (September 3, 2014). In this case a homeowners association (“Association”) filed suit against a neighboring property owner that operated a day camp on their property. The Association alleged claims...
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Texas Homeowner Wins Battle But Loses War re Validity of Board Elections & Subsequent Board Actions

by Lawrence Szabo, Esq. | Sep 9, 2014 | Board of Directors, Case Decisions

Texas Appellate Court decision (August 8, 2014). In this action, a homeowner was challenging an election of his homeowners’ association (“Association”) board of directors and the actions that were taken by the board following the challenged election....
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals

by Lawrence Szabo, Esq. | Sep 5, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest

Washington State Appellate Court published opinion (September 2, 2014). This case involves a dispute between a homeowners association (“Association”) and its members over the percentage of unit owner voter approval that is needed to pass an amendment to the...
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Kentucky Ct Enjoins Homeowners Short Term Rentals of Property as Prohibited Business Use of Property

by Lawrence Szabo, Esq. | Aug 12, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest

Kentucky Appellate Court decision (August 8, 2014). The appellants in this case were homeowners of a property located within a common interest development that they used for short term rentals. The homeowners association brought suit against the homeowners seeking...
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Nevada Sup Ct Clarifies Who Must Receive Statutory Prelitigation Notice Re Construction Defects

by Lawrence Szabo, Esq. | Aug 9, 2014 | Case Decisions, Construction Defects, Dispute Resolution

Nevada Supreme Court decision (August 7, 2014). After homeowners found allegedly defective plumbing parts in their residences, they provided a prelitigation notice (required by NRS Chapter 40) to the general contractor / developer, who then forwarded the notice to...
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Illinois Court Strikes Down HOA’s Amendment to CC&Rs that Sought to Prohibit Owner Leasing of Units

by Lawrence Szabo, Esq. | Aug 9, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest

Illinois Appellate Court decision (August 7, 2014). (Note- this decision may be cited as precedent only in the limited circumstances allowed under Illinois Supreme Court Rule 23(e)(1)). The plaintiff in this action filed suit against her HOA to challenge an amendment...
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