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Arizona Court Rules Homeowner Must Comply with CC&Rs

Arizona Court Rules Homeowner Must Comply with CC&Rs

by Lawrence Szabo, Esq. | Dec 23, 2015 | Case Decisions, Dispute Resolution, Governing Documents

UNPUBLISHED Arizona Appellate Court decision (December 10, 2015). This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over an addition that Owners constructed to their separate interest...
Arizona Court Rules Homeowner Must Comply with CC&Rs

R.I. Supreme Court Says HOA Lien Foreclosure Sale Extinguished Lender’s First Mortgage

by Lawrence Szabo, Esq. | Dec 10, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

Supreme Court of Rhode Island decision (December 4, 2015). In August of 2011, the plaintiff in this action purchased a condominium at a foreclosure sale conducted by a condominium association as a result of the non-payment of association assessments by the former...
Arizona Court Rules Homeowner Must Comply with CC&Rs

West Virginia Ct. Articulates Factors for Determining Reasonableness of Attorney Fees Awarded to HOA

by Lawrence Szabo, Esq. | Dec 3, 2015 | Case Decisions, Dispute Resolution

West Virginia Supreme Court of Appeals decision (November 6, 2015). This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) who had constructed a fence on a portion of the common area property...
Arizona Court Rules Homeowner Must Comply with CC&Rs

Florida Ct. Says Both HOA and Owners Were Prevailing Parties and Both Are Awarded Attorney Fees

by Lawrence Szabo, Esq. | Dec 2, 2015 | Case Decisions, Dispute Resolution

Florida Appellate Court decision (November 18, 2015). In this case, a homeowners association (“Association”) sued two owners of a condominium unt within the Association (“Owners”) for injunctive relief under Florida state laws. The action was...
Understanding the Scope of Collection Costs, Late Charges, and Interest an HOA Can Collect on Delinquent Assessments

Understanding the Scope of Collection Costs, Late Charges, and Interest an HOA Can Collect on Delinquent Assessments

by Lawrence Szabo, Esq. | Nov 25, 2015 | Dispute Resolution

The extent of a homeowners association’s (“Association” ) right to recover collection costs, attorney fees, late charges, and interest on assessments that have not been timely paid by homeowners (“Owners” ) is set forth in the applicable...
Arizona Court Rules Homeowner Must Comply with CC&Rs

Illinois Ct. Says Owners’ Day-Care Business is Not a Prohibited Commercial Activity

by Lawrence Szabo, Esq. | Nov 6, 2015 | Case Decisions, Dispute Resolution, Governing Documents

Appellate Court of Illinois, Third District, decision (November 4, 2015). In this case, a homeowners association (“Association”) filed an action against two different sets of homeowners (“Owners”) in an effort to prevent the Owners from...
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