by Lawrence Szabo, Esq. | Feb 16, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance
UNPUBLISHED California Appellate Court decision (January 29, 2015). This case involved a dispute between a homeowners association and a member of the association who made unauthorized modifications to the flooring in his upstairs condominium unit. The...
by Lawrence Szabo, Esq. | Feb 14, 2015 | Case Decisions, Dispute Resolution, Insurance
Eleventh Circuit (Florida) US District Appellate Court Decision (January 8, 2015). An HOA in Florida with 380 residential units sustained property damage from a hurricane that struck the Florida coast on October 24, 2005. At the time of the hurricane the HOA carried...
by Lawrence Szabo, Esq. | Feb 12, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Texas Appellate Court decision (January 27, 2015). In this case, a homeowners association sued a homeowner/member of the association for damages and injunctive relief for flying the American flag in violation of the HOA’s guidelines. The homeowner flies the...
by Lawrence Szabo, Esq. | Feb 10, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance
Indiana Appellate Court decision (January 27, 2015). A homeowner refused to remove wooden pallets that were propped up against a tree in his backyard as directed by the HOA’s property manager who informed the homeowner that, because the pallets were visible from...
by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
In this case, a homeowner installed a new septic drain field on his property which affected the landscaping in his front yard. As part of the project the homeowner redesigned the affected landscaping to include hardscape features, vegetation and mulch, but no grass....
by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Texas Appellate Court decision (February 13, 2015). A homeowners association (“Association”) brought suit against an individual homeowner / member of the Association to enforce restrictive covenants contained in the Association’s governing documents....