by Lawrence Szabo, Esq. | Jul 11, 2014 | Case Decisions, Dues and Assessments
UNPUBLISHED New Jersey Appellate Court decision (July 8, 2014). A homeowners association sought to collect unpaid assessments that accrued after the death of a homeowner against the homeowner’s surviving daughter who was the “residuary beneficiary”...
by Lawrence Szabo, Esq. | Jul 5, 2014 | Case Decisions, Construction Defects
California State Supreme Court decision (July 3, 2014). A homeowners association sued a the project developer and various other parties including two architectural firms on behalf of its members over construction design defects that allegedly make the homes unsafe and...
by Lawrence Szabo, Esq. | Jun 16, 2014 | Case Decisions, Ownership and Transfer of Interest, Uncategorized
Illinois US District Court decision (June 13, 2014). Plaintiffs brought suit against an HOA in federal court seeking to challenge a state court foreclosure judgment and to litigate other issues that were never raised in the state court proceeding. The HOA sought to...
by Lawrence Szabo, Esq. | Jun 13, 2014 | Case Decisions, Dues and Assessments
US Bankruptcy Court – Eastern District of Virginia (June 10, 2014). Bankruptcy debtor (homeowner) filed action in bankruptcy court to determine the validity, priority or extent of liens asserted by her HOA against her property. In the action, the...
by Lawrence Szabo, Esq. | Jun 13, 2014 | Case Decisions, Dispute Resolution
Florida Appellate Court decision (June 11, 2014): HOA foreclosure action against a unit in the association now owned by an heir of the member. The lower court granted summary judgment of foreclosure for unpaid assessments. The heir filed the appeal contending that it...
by Lawrence Szabo, Esq. | May 31, 2014 | Case Decisions, Dispute Resolution
Unpublished California Appellate Court decision (May 28, 2014). This case involved an appeal by a homeowner from a lower court judgment that awarded a homeowners association legal fees as the prevailing party in a case against the homeowner. The homeowners association...