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Court Rules Statute Awarding “Costs” to Prevailing Association does not Include “Attorney Fees”

Court Rules Statute Awarding “Costs” to Prevailing Association does not Include “Attorney Fees”

by Lawrence Szabo, Esq. | Aug 29, 2017 | Dispute Resolution

CERTIFIED California Appellate Court decision (August 23, 2017) This case involved two lawsuits filed by homeowners (“Owners”) against their homeowners association (“Association”) for alleged violations of state laws pertaining to common interest developments...
Court Rules Statute Awarding “Costs” to Prevailing Association does not Include “Attorney Fees”

California Court Rules on When Statute of Limitations Period Commences for Obstruction of View Claims

by Lawrence Szabo, Esq. | Aug 22, 2017 | Dispute Resolution, Ownership and Transfer of Interest

UNPUBLISHED California Appellate Court decision (August 14, 2017). This case involved a dispute between neighboring homeowners over the maintenance of landscaping that obstructed the view from one of the owner’s property. The disputing parties both lived in a common...
Court Rules Statute Awarding “Costs” to Prevailing Association does not Include “Attorney Fees”

Court Awards Homeowners Association $1,881 in Damages and $201,750 for Attorney Fees in Dispute Over Nonpayment of $2,400 Special Assessment

by Lawrence Szabo, Esq. | Aug 11, 2017 | Dispute Resolution, Governing Documents

UNPUBLISHED California Appellate Court decision (August 8, 2017). This case involved a dispute between a homeowner (“Owner”) and his homeowners association (“Association”) over the payment of a $2,400 special assessment made by Association in 2010 for emergency roof...
Court Rules Statute Awarding “Costs” to Prevailing Association does not Include “Attorney Fees”

Florida Ct. Rules on Constitutionality of “Prior Restraints” That Prohibit Homeowner Postings about HOA on Internet

by Lawrence Szabo, Esq. | Aug 1, 2017 | Dispute Resolution

Florida Appellate Court decision (July 21, 2017). This case involved efforts by a homeowners association (“Association”) to stop a homeowner (“Owner”) from utilizing the internet to voice his displeasure over the quality of life within the community governed by...
Who Decides on a Settlement of HOA Litigation – Members, the Board, or an Insurance Carrier?

Who Decides on a Settlement of HOA Litigation – Members, the Board, or an Insurance Carrier?

by Lawrence Szabo, Esq. | Jul 13, 2017 | Dispute Resolution

Homeowners associations are often a party to litigation, whether it is as a plaintiff who commences the lawsuit, or as a defendant that is being sued by some other party. In cases where a homeowners association is the plaintiff, the association’s insurance carrier is...
Court Rules Statute Awarding “Costs” to Prevailing Association does not Include “Attorney Fees”

Ct. Rules that Absent Individual Injury, Members Cannot Enforce Restrictions that the HOA Waives its Right to Enforce

by Lawrence Szabo, Esq. | Jul 10, 2017 | Case Decisions, Dispute Resolution

This case involved an interesting set of facts where an individual member of a homeowners association (“Association”), who also was a member of Association’s Board of Directors and served as the Secretary of Association, sued two other members of Association...
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