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...
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February 7, 2014: Unpublished New Jersey Appellate Court decision.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...
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January 31, 2014 – Unpublished decision by California Appellate Court.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...
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...
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...
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...