by Lawrence Szabo, Esq. | Jun 8, 2015 | Case Decisions, Dues and Assessments
U.S. Bankruptcy Court, District of New Jersey, decision (June 11, 2015) In this case, husband and wife homeowners were the debtors in a Chapter 13 bankruptcy proceeding. At the time of the filing of the Chapter 13, the debtors owned a condominium and were part of a...
by Lawrence Szabo, Esq. | Jun 1, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments
Oregon US District Court decision (May 21, 2015). Commencing in 2009, a homeowners association (“Association”) sought to collect delinquent HOA assessments and associated fees and costs which approximated $1,000.00 from a homeowner. After a long history of repeated...
by Lawrence Szabo, Esq. | May 21, 2015 | Case Decisions, Dispute Resolution, Governing Documents
A homeowners association (“Association”) brought suit against a homeowner/ member seeking injunctive relief and damages for the homeowner’s breach of an hoa pet restriction contained in the Association’s governing documents. The hoa pet restriction permitted one dog...
by Lawrence Szabo, Esq. | May 14, 2015 | Case Decisions, Dispute Resolution
New Jersey Appellate Court decision (May 7, 2015) A condominium association (“Association”) sued homeowners for unpaid maintenance fees and related costs. The homeowners non-payment of monthly fees was precipitated by a dispute between the Association and...
by Lawrence Szabo, Esq. | May 14, 2015 | Case Decisions, Dispute Resolution
Georgia Appellate Court decision (March 16, 2015). A homeowners association (“Association”) sued homeowners for damages and to enforce a restrictive covenant contained in the Association’s governing documents that required garages to be used for parking vehicles and...
by Lawrence Szabo, Esq. | May 12, 2015 | Case Decisions, Ownership and Transfer of Interest
Florida District Appellate Court decision (May 8, 2015) In this case, in 2006 homeowners executed a promissory note secured by a mortgage on their property in favor of Option One Mortgage. The homeowners defaulted and, subsequent to the default, the original lender...
