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W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

by Lawrence Szabo, Esq. | Apr 24, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

West Virginia Supreme Court of Appeals decision (April 23, 2015). This case involved a dispute between a homeowners association (“HOA”) that was created as a West Virginia Limited Expense Planned Community under West Virginia law, and various homeowners...
W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

Missouri Ct Says Surplus Insurance For Loss Of 9 Out Of 58 Units Gets Distributed To All 58 Owners

by Lawrence Szabo, Esq. | Apr 4, 2015 | Case Decisions, Dispute Resolution, Insurance

Missouri Appellate Court decision (March 23, 2015). This case involved an action filed by a homeowners association (“ Association”) against the owners of nine units within the Association in order to obtain declaratory relief concerning the proper distribution of...
W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

HOA Insurer Must Pay Association’s Liability for Attorney Fees as the Losing Party

by Lawrence Szabo, Esq. | Mar 19, 2015 | Case Decisions, Dispute Resolution, Insurance

UNPUBLISHED U.S. District Appellate Court decision (March 5, 2015). Topic: Insurance / Dispute Resolution In this case, a homeowners association (HOA) sued two homeowners for alleged violations of the HOA’s bylaws. The lawsuits were initiated under Florida...
W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

CA Ct Orders Owners to Pay $1.2M+ for HOA Attorney Fees/Costs in Dispute re Unmeritorious Action

by Lawrence Szabo, Esq. | Mar 4, 2015 | Case Decisions, Dispute Resolution

UNPUBLISHED California Appellate Court decision (March 2, 2015). In this case, three owners of two different properties that were part of a common interest development consisting of over 800 parcels of land brought suit against the homeowners association to challenge...
W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

Ct Rules Nondisabled Minor Child of Parents Who Suffered HOA Discrimination Can Sue Under the FHA

by Lawrence Szabo, Esq. | Mar 3, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Illinois District Court decision (March 6, 2015). This case involved claims filed by husband and wife homeowners and their minor daughter against their homeowners association, its board of directors, its property management company, and the individual property manager...
W.V. Ct. Rules Unfair Debt Collection Practices Act Applies to HOA Efforts to Collect Assessments

NH Ct Says Ambiguous Exclusion Results in Coverage for Ass’n Claims

by Lawrence Szabo, Esq. | Feb 25, 2015 | Case Decisions, Dispute Resolution, Insurance

New Hampshire Supreme Court decision (January 13, 2015). In this action a homeowners association that consisted of the owners of 24 residential condominium units filed an action for declaratory relief seeking a court determination that two insurance carriers that...
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