by Lawrence Szabo, Esq. | Dec 10, 2014 | Case Decisions, Dispute Resolution, Dues and Assessments
U.S. District Court, Northern California District, decision (November 21, 2014). An HOA imposed fines against the owners of a separate interest in the homeowners association for their violation of the HOA’s governing documents that prohibit the renting of the...
by Lawrence Szabo, Esq. | Nov 17, 2014 | Dispute Resolution
There are several ways in which an association may efficiently enforce its governing documents without resorting to the expense and delay of prolonged court proceedings. Depending on the particular violation and on the provisions of the association’s governing...
by Lawrence Szabo, Esq. | Nov 13, 2014 | Case Decisions, Dispute Resolution, Dues and Assessments
Nevada US District Court decision (October 31, 2014). A collection agency for a Nevada homeowners association mistakenly sent a homeowner a foreclosure notice that failed to include the mandatory warning language which states that the author of the notice was “a debt...
by Lawrence Szabo, Esq. | Nov 1, 2014 | Case Decisions, Dispute Resolution, Member Meetings
New York Appellate Court decision (October 30, 2014). Homeowners that initially represented 5% or more of the members of a homeowners association, commenced a derivative action against the association. Subsequent to filing the action, certain of the plaintiff...
by Lawrence Szabo, Esq. | Sep 10, 2014 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
US District Court, Eastern District of California decision (September 3, 2014). In this case a homeowners association (“Association”) filed suit against a neighboring property owner that operated a day camp on their property. The Association alleged claims...
by Lawrence Szabo, Esq. | Aug 9, 2014 | Case Decisions, Construction Defects, Dispute Resolution
Nevada Supreme Court decision (August 7, 2014). After homeowners found allegedly defective plumbing parts in their residences, they provided a prelitigation notice (required by NRS Chapter 40) to the general contractor / developer, who then forwarded the notice to...
