by Lawrence Szabo, Esq. | Apr 2, 2017 | Board of Directors, Case Decisions
Georgia Appellate Court (March 27, 2014): HOA construction defects case where the HOA sued the individual officer and director of the HOA (Ryan) for breach of fiduciary duty based on an alleged failure to adequately inspect and repair construction defects, failure to...
by Lawrence Szabo, Esq. | Apr 1, 2017 | Case Decisions, Dispute Resolution, Dues and Assessments
U.S. Bankruptcy Court, Eastern District of Arkansas Little Rock Division, decision (July 21, 2015). This case involved the issue of whether homeowners’ association fees and assessments that accrued after a homeowner had filed a Chapter 13 bankruptcy were...
by Lawrence Szabo, Esq. | Mar 15, 2017 | Case Decisions, Use and Maintenance
Appellate Division of the Supreme Court of New York decision (March 9, 2017). This case involved a dispute between a homeowners’ association (“Association”) and homeowners (“Homeowners”) over the enforceability of rules adopted by Association concerning the renting of...
by Lawrence Szabo, Esq. | Feb 8, 2017 | Board of Directors, Case Decisions
Supreme Court of Georgia decision (February 6, 2017). This case involved a dispute between an individual who had served as a director and the president of an HOA (“Association”) for several years dating back to 2011. In 2012, several homeowners got together and filed...
by Lawrence Szabo, Esq. | Jan 24, 2017 | Case Decisions, Governing Documents, Use and Maintenance
U.S. District Court, District of Oregon, Eugene Division, decision (January 11, 2017). This case involved a dispute over a homeowners association’s denial of a member’s request for an accommodation from a restrictive covenant that prohibited them from parking large...
by Lawrence Szabo, Esq. | Jan 22, 2017 | Case Decisions, Dispute Resolution, Dues and Assessments
Texas Appellate Court decision (May 14, 2015). In this case, a homeowners association (“Association”) filed suit against a homeowner seeking to recover unpaid assessments and attorney’s fees. The action filed by the Association also sought a judgment for the...
