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Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

by Lawrence Szabo, Esq. | Jun 5, 2016 | Case Decisions, Dispute Resolution, Use and Maintenance

Florida Fourth District Court of Appeals decision (May 11, 2011). This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) concerning the Owners’ maintenance of their property in accordance with Association’s...
Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

Nevada Ct. Rules HOA Superpriority Lien Does Not Cover Collection Fees and Foreclosure Costs

by Lawrence Szabo, Esq. | May 5, 2016 | Case Decisions, Dispute Resolution, Dues and Assessments

Supreme Court of Nevada decision (April 28, 2016) This case involved issues pertaining to a superpriority lien claimed by a homeowners association (“Association”). Association contended that under the applicable Nevada statutes , its superpriority lien included...
Individual Directors and/or Property Managers are not a Substitute for HOA Lawyers

Individual Directors and/or Property Managers are not a Substitute for HOA Lawyers

by Lawrence Szabo, Esq. | Apr 20, 2016 | Dispute Resolution

Frequently, in an effort to contain the cost of legal representation, HOA directors will avoid consulting experienced legal counsel and make important decisions that are based upon the input of an apparent knowledgeable or assertive, self-confident board member, or...
Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

Fed Ct. Says Consumer Protection Laws Extend to Communications to a Debtor’s Attorney

by Lawrence Szabo, Esq. | Apr 6, 2016 | Case Decisions, Dispute Resolution, Dues and Assessments

US Court of Appeals for the Eleventh Circuit decision (March 25, 2016). This case involved a dispute over the interpretation of two sections of the Federal Fair Debt Collection Practices Act (“FDCPA”). The sections in question pertained to a requirement that a debt...
Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

Homeowners Successfully Void HOA Election of Directors and Are Awarded $147,595 in Attorney Fees

by Lawrence Szabo, Esq. | Jan 27, 2016 | Case Decisions, Dispute Resolution, Governing Documents

UNPUBLISHED California Appellate Court decision (January 14, 2016). In this case, a homeowners association held an election to seat four new directors on its seven person board of directors. Following the election, a controversy developed over the propriety of the...
Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

Homeowners’ HOA Dues Accruing After Filing of Chapter 13 Were not Dischargeable

by Lawrence Szabo, Esq. | Jan 25, 2016 | Case Decisions, Dispute Resolution, Dues and Assessments

UNPUBLISHED United States Bankruptcy Appellate Panel of the Ninth Circuit decision (December 1,2015). In this case, a husband and wife attempted to discharge their liability for over $26,000 in unpaid homeowners’ association dues on an investment condominium that they...
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