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Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

by Lawrence Szabo, Esq. | Oct 23, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments, Governing Documents

Nevada Supreme Court decision (October 16, 2015). In this case, a homeowners association (“Association”) fined homeowners (“Owners”) for bringing their dog into the community clubhouse in violation of the Association’s amended rules that...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Florida District Court Says HOA Loitering and Curfew Rules Discriminate Against Children

by Lawrence Szabo, Esq. | Oct 8, 2015 | Case Decisions, Dispute Resolution, Governing Documents

United States District Court, Southern District of Florida, decision (October 1, 2015). In this action, the Fair Housing Center of the Greater Palm Beaches, Inc. (“Plaintiff”) alleged that the Defendant Homeowners Associations (“Association”)...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Illinois Court Upholds Homeowners’ Right to Conduct Daycare Business in HOA Community

by Lawrence Szabo, Esq. | Sep 28, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Illinois Appellate Court decision (September 25, 2015) This case involved an action for declaratory relief filed by a homeowners association (“Association”) against four homeowners (“Homeowners”) to enforce a restrictive covenant contained in Association’s governing...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Washington Supreme Court Says HOA Amendment to Declaration That Limited Rental Units was Invalid

by Lawrence Szabo, Esq. | Sep 11, 2015 | Case Decisions, Dispute Resolution, Governing Documents

Supreme Court of Washington decision (September 3, 2015). This case pertained to issues over the validity of an amendment to a condominium declaration (“Declaration”), that established a 30 percent limit on the number of condominium units within the...
Is Your HOA Providing Homeowners With the Required “Due Process”  in Hearings re Imposition of Discipline?

Is Your HOA Providing Homeowners With the Required “Due Process” in Hearings re Imposition of Discipline?

by Lawrence Szabo, Esq. | Aug 31, 2015 | Dispute Resolution

U.S. Supreme Court decisions have resulted in determinations that homeowners association members who are potentially subject to discipline are entitled to procedural due process in connection with association disciplinary hearings. Unfortunately the decisions do not...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Arizona Court Says Anti-Deficiency Judgment Protections Cannot Be Waived by a Borrower

by Lawrence Szabo, Esq. | Aug 20, 2015 | Case Decisions, Dispute Resolution

Arizona Appellate Court decision (August 13, 2015). This case involved issues pertaining to a deficiency judgment awarded to a lender following a judicial foreclosure proceeding. The trial court ruled that the property owner was liable to the lender for a deficiency...
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