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Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

by Lawrence Szabo, Esq. | Jul 27, 2014 | Case Decisions, Dispute Resolution

Illinois Appellate Court decision (July 24, 2014) (Filed under Supreme Court Rule 23- may only be cited as precedent under limited circumstances allowed under Rule 23(e)(1)) In this case, an elderly homeowner suffered water damage to the interior of her condominium...
Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

Fed. Ct. Says Private Individual Can’t Enforce Freedom to Display the American Flag Act of 2005

by Lawrence Szabo, Esq. | Jul 24, 2014 | Case Decisions, Dispute Resolution, Governing Documents

Louisiana US District Court decision (July 14, 2014): A Louisiana association member filed a federal court action against his homeowners association challenging the Association’s right to prohibit him from displaying an American flag outside the door to his...
Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

Iowa Ct Says Insurer Must Comply with Requested Appraisal Before Litigating Coverage Issues

by Lawrence Szabo, Esq. | Jul 20, 2014 | Case Decisions, Dispute Resolution, Insurance

(Topic: Insurance) Iowa Appellate Court decision (July 16, 2014). Appeal by insurance carrier for HOA of the granting of a motion by the association to compel appraisal under the terms of the insurance policy. The carrier contended that there was an issue of...
Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

Federal Court says attorneys wrongfully filed federal RICO claims and awards sanctions of $83,280.41

by Lawrence Szabo, Esq. | Jul 13, 2014 | Case Decisions, Dispute Resolution

US District Court, Northern District of Illinois East Division decision (July 7, 2014). This case involves a dispute between the owners of lots located within a townhouse subdivision in Illinois. The plaintiffs in the case contended that the defendants improperly took...
Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

Florida Court Says HOA Cannot “Piggyback” Lien Claims in Foreclosure Action for Unpaid Assessments

by Lawrence Szabo, Esq. | Jun 13, 2014 | Case Decisions, Dispute Resolution

Florida Appellate Court decision (June 11, 2014): HOA foreclosure action against a unit in the association now owned by an heir of the member. The lower court granted summary judgment of foreclosure for unpaid assessments. The heir filed the appeal contending that it...
Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

CA Ct. Says HOA that Dismissed Case is Entitled to Attorney Fees Because it “Got What it Wanted.”

by Lawrence Szabo, Esq. | May 31, 2014 | Case Decisions, Dispute Resolution

Unpublished California Appellate Court decision (May 28, 2014). This case involved an appeal by a homeowner from a lower court judgment that awarded a homeowners association legal fees as the prevailing party in a case against the homeowner. The homeowners association...
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