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...
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...
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...
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...
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UNPUBLISHED California Appellate Court decision (January 14, 2016).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...
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UNPUBLISHED United States Bankruptcy Appellate Panel of the Ninth Circuit decision (December 1,2015).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...