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Enforcement of Association Governing Documents Through Injunctive Relief

Enforcement of Association Governing Documents Through Injunctive Relief

by Lawrence Szabo, Esq. | Feb 9, 2015 | Dispute Resolution

When a homeowners association or its homeowners need to enforce a covenant that is contained in the association’s governing documents monetary relief in the form of damages will not provide the necessary relief because most violations of governing documents are...
US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years

US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years

by Lawrence Szabo, Esq. | Feb 3, 2015 | Case Decisions, Dispute Resolution

US Supreme Court decision (January 13, 2015). This case addressed the issue of what steps a borrower must take in order to effectively rescind a loan under the Truth in Lending Act. The threshold issue was whether a borrower exercises rescission rights by merely...
US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years

Kentucky Court Upholds HOA’s Arbitrary Enforcement of Setback Rules to Prevent Home Addition

by Lawrence Szabo, Esq. | Jan 30, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015). This case involved a dispute between a homeowner and his HOA over an addition that the homeowner sought to construct to his home which the Association maintained violated side-yard setback restrictions...
US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years

“Res Judicata” Doctrine Bars Action – Homeowner Must Pay Costs & Expenses For Filing Frivolous Appeal

by Lawrence Szabo, Esq. | Jan 24, 2015 | Case Decisions, Dispute Resolution

Tennessee Appellate Court decision (December 29, 2014). Following a failed real estate sales transaction, the homeowner sued her real estate agent and several other parties that were involved in the transaction. The trial court granted the defendants’ motions to...
US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years

DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable

by Lawrence Szabo, Esq. | Jan 2, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Delaware Court of Chancery decision (December 22, 2014) This case involved a dispute between a condominium owner and her homeowners association over the owners attempted modifications to her separate interest property that the association contended were in violation...
US Sup Ct Rules Rescission of Loan Only Requires Written Notice & Not Filing of Suit Within 3 Years

Wyoming Ct Says Owner Entitled to HOA Documents But Denies Recovery of Attorney Fees & Costs

by Lawrence Szabo, Esq. | Jan 2, 2015 | Books and Records, Case Decisions, Dispute Resolution

Wyoming Supreme Court decision (December 30,2014) Topic: Books & Records / Dispute Resolution In this case, the owners of a separate interest in a common interest community filed suit against the association seeking an order compelling the association to allow the...
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