by Lawrence Szabo, Esq. | Aug 2, 2014 | Case Decisions, Construction Defects
Texas Appellate Court decision (July 31, 2014). Plaintiffs in this action purchased property located in a common interest development that had an “equalizer channel” underneath the improvements on the property that was not disclosed. Prior to closing the...
by Lawrence Szabo, Esq. | Jul 31, 2014 | Case Decisions, Governing Documents, Use and Maintenance
United States Court of Appeals for the Sixth Circuit decision (July 29, 2014). The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association under the Fair Housing Act (FHA) based on the...
by Lawrence Szabo, Esq. | Jul 27, 2014 | Case Decisions, Dispute Resolution
Illinois Appellate Court decision (July 24, 2014) (Filed under Supreme Court Rule 23- may only be cited as precedent under limited circumstances allowed under Rule 23(e)(1)) In this case, an elderly homeowner suffered water damage to the interior of her condominium...
by Lawrence Szabo, Esq. | Jul 24, 2014 | Case Decisions, Dispute Resolution, Governing Documents
Louisiana US District Court decision (July 14, 2014): A Louisiana association member filed a federal court action against his homeowners association challenging the Association’s right to prohibit him from displaying an American flag outside the door to his...
by Lawrence Szabo, Esq. | Jul 20, 2014 | Case Decisions, Dispute Resolution, Insurance
(Topic: Insurance) Iowa Appellate Court decision (July 16, 2014). Appeal by insurance carrier for HOA of the granting of a motion by the association to compel appraisal under the terms of the insurance policy. The carrier contended that there was an issue of...
by Lawrence Szabo, Esq. | Jul 13, 2014 | Case Decisions, Dispute Resolution
US District Court, Northern District of Illinois East Division decision (July 7, 2014). This case involves a dispute between the owners of lots located within a townhouse subdivision in Illinois. The plaintiffs in the case contended that the defendants improperly took...