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Understanding and Successfully Utilizing the Mediation Process for Resolving Disputes

Understanding and Successfully Utilizing the Mediation Process for Resolving Disputes

by Lawrence Szabo, Esq. | Jul 30, 2015 | Dispute Resolution

Most states impose requirements and/or encourage members of homeowners’ associations who are involved in a dispute pertaining to alleged violations of covenants in governing documents to engage in efforts to resolve their dispute through an informal dispute...
Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

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

Georgia Appellate Court decision (July 15, 2015). This case involves ongoing disputes between homeowners’ association members (“Owners”) and their homeowners’ association (“Association”) pertaining to efforts by the Association to prevent alleged continuing violations...
Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

Florida Ct. Orders Homeowners’ Assn to Repair Slab Causing Moisture in Homeowners’ Unit

by Lawrence Szabo, Esq. | Jul 17, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance

Florida Appellate Court decision (July 15, 2015). In this case, the plaintiffs were the owners of a ground floor condominium unit that had ongoing problems due to moisture intrusion through the slab under the floor of their unit. Under the HOA’s governing documents,...
Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

Ohio Ct Stays Homeowners’ Class Action Lawsuit and Orders Arbitration of Construction Defect Claims

by Lawrence Szabo, Esq. | Jun 24, 2015 | Case Decisions, Construction Defects, Dispute Resolution

Ohio Appellate Court decision (June 18, 2015) Homeowners filed a class action lawsuit against a builder seeking damages for alleged design defects in their homes relating to the roofing systems. The homeowners contended that the defects resulted in serious water...
Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

HOA Refusal to Release Invalid Lien Constituted Slander of Homeowners’ Title for Which HOA is Liable

by Lawrence Szabo, Esq. | Jun 16, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

Indiana Appellate Court decision (June 11, 2011). This case involves husband and wife homeowners (“Homeowners”) who sued their HOA for damages based on claims that the HOA slandered the title to their property by improperly recording a lien due to an...
Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

OR Fed. Ct. Says Efforts to Collect HOA Assessments Are Subject to Fed Debt Collection Practices Act

by Lawrence Szabo, Esq. | Jun 1, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments

Oregon US District Court decision (May 21, 2015). Commencing in 2009, a homeowners association (“Association”) sought to collect delinquent HOA assessments and associated fees and costs which approximated $1,000.00 from a homeowner. After a long history of repeated...
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