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...
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...
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UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015).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...
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...
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...
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...