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Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

by Lawrence Szabo, Esq. | Nov 14, 2016 | Case Decisions, Dispute Resolution, Dues and Assessments

PUBLISHED Florida District Appellate Court decision (November 9, 2016). This case involved a dispute between a homeowners association and homeowners over a fine that was imposed by the association against the homeowners for alleged violations of various provisions...
Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

Alabama Ct Says HOA Action to Enforce Restrictive Covenant is Barred by 6 Yr. Statute of Limitations

by Lawrence Szabo, Esq. | Sep 21, 2016 | Case Decisions, Dispute Resolution, Governing Documents

Alabama Appellate Court decision (September 16, 2016). In this case, in 2007, a homeowner purchased a property in a development that was subject to restrictive covenants created by the original developer of the subdivision. Shortly after purchasing the property, the...
Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

CA Ct. Says HOA is Entitled to Recover Attorney Fees for Enforcement of Mediation Agreement

by Lawrence Szabo, Esq. | Aug 12, 2016 | Case Decisions, Dispute Resolution

California Appellate Court decision (August 9, 2016) (Certified for Publication). The defendants in this case were the owners of a condominium located within a common interest development that was governed by the homeowners association (“Association”). The Association...
Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

Washington Court Says Association is Not Vicariously Liable for Acts Committed by Treasurer

by Lawrence Szabo, Esq. | Aug 1, 2016 | Case Decisions, Dispute Resolution

Washington Appellate Court decision (July 19, 2016). This case involved a dispute between association member homeowners and the association and its individual board members. The dispute involved the right to use a trail that crossed over the homeowners’ property and...
Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence

by Lawrence Szabo, Esq. | Jul 10, 2016 | Board of Directors, Case Decisions, Dispute Resolution

CERTIFIED California Appellate Court decision (June 21, 2016) This case involved an action by a homeowners association (“Association”) against an individual homeowner and pertains to claims relating to actions that she took while serving as an officer and director of...
Florida Court Says HOA Efforts to Collect “Fines” are Subject to Consumer Collection Practices Act

Tennessee Ct. Refuses to Enforce Ambiguous HOA Restriction re Parking of Commercial Trailer

by Lawrence Szabo, Esq. | Jun 28, 2016 | Case Decisions, Dispute Resolution, Governing Documents

Tennessee Appellate Court decision (June 23, 2016). In this case, a homeowners association (“Association”) brought suit against a homeowner (“Owner”) seeking to enjoin her from conducting commercial activity at her home and from parking a commercial trailer on the...
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