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South Dakota Court Apportions Sanctions Awarded For Compelling Discovery

South Dakota Court Apportions Sanctions Awarded For Compelling Discovery

by Lawrence Szabo, Esq. | Feb 9, 2014 | Case Decisions, Dispute Resolution

February 6, 2014: South Dakaota District Court ruling re amount of sanctions (attorney fees) for motion to compel discovery that was granted “in part”. The moving parting had sought $14,710 in sanctions for the amount of attorney fees allegedly incurred in...
South Dakota Court Apportions Sanctions Awarded For Compelling Discovery

New Jersey HOA Not Liable for Slip & Fall Injuries on Street In Private Community

by Lawrence Szabo, Esq. | Feb 9, 2014 | Case Decisions, Dispute Resolution, Use and Maintenance

February 7, 2014: Unpublished New Jersey Appellate Court decision. Sidewalk slip and fall case where a resident of the community slipped from ice on the street and sued the association and other third parties for failure to properly maintain the street in accordance...
South Dakota Court Apportions Sanctions Awarded For Compelling Discovery

CA Court Finds Homeowners’ Dogs are “Clear & Present Danger” to Community & Grants Injunction

by Lawrence Szabo, Esq. | Feb 2, 2014 | Case Decisions, Dispute Resolution, Use and Maintenance

January 31, 2014 – Unpublished decision by California Appellate Court. A California appellate court affirmed the trail court’s decision in an HOA’s action against homeowners over allegations that the homeowners’ dogs (three large German...
South Dakota Court Apportions Sanctions Awarded For Compelling Discovery

CA Court Prevents Foreclosure & Enforces HOA Member’s Right to Payment Plan to Cure Delinquency

by Lawrence Szabo, Esq. | Jan 19, 2014 | Case Decisions, Dues and Assessments

California Appellate Court (January 13, 2014) ruled that the legislative intent behind Civil Code 1367.1 allows for partial payments to pay down delinquent assessments, and limits the remedy of foreclosure to only a last resort. Accordingly, the Association’s refusal...
South Dakota Court Apportions Sanctions Awarded For Compelling Discovery

Association Member’s Attorney Properly Excluded from Board of Directors Meeting

by Lawrence Szabo, Esq. | Dec 14, 2013 | Board of Directors, Case Decisions

California Appellate Court decision (May 22, 2013). A California Fourth Appellate District Court ruled that a homeowners association properly excluded a member’s attorney from a meeting of the association’s board of directors. After the association’s...
South Dakota Court Apportions Sanctions Awarded For Compelling Discovery

Homeowner Prevails Over HOA in Dispute Over Political Sign

by Lawrence Szabo, Esq. | Oct 4, 2013 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Missouri State Court Decision re issue over a member’s sign – A Jefferson County judge ruled that an HOA violated a member’s right to free speech by banning him from putting a political sign in his yard in support of a local candidate that was running for a city...
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