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California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household

California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household

by Lawrence Szabo, Esq. | May 21, 2015 | Case Decisions, Dispute Resolution, Governing Documents

A homeowners association (“Association”) brought suit against a homeowner/ member seeking injunctive relief and damages for the homeowner’s breach of an hoa pet restriction contained in the Association’s governing documents. The hoa pet restriction permitted one dog...
California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household

New Jersey Ct. Dismisses HOA Action to Allow “Alternative Dispute Resolution” Requested by Homeowner

by Lawrence Szabo, Esq. | May 14, 2015 | Case Decisions, Dispute Resolution

New Jersey Appellate Court decision (May 7, 2015) A condominium association (“Association”) sued homeowners for unpaid maintenance fees and related costs. The homeowners non-payment of monthly fees was precipitated by a dispute between the Association and...
California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household

Georgia Ct. Says Homeowners “Prevailed” in Action Brought by HOA and Were Entitled to Attorney Fees

by Lawrence Szabo, Esq. | May 14, 2015 | Case Decisions, Dispute Resolution

Georgia Appellate Court decision (March 16, 2015). A homeowners association (“Association”) sued homeowners for damages and to enforce a restrictive covenant contained in the Association’s governing documents that required garages to be used for parking vehicles and...
Homeowner’s Repeated Violations of Injunction Results in Dismissal of Answer and Default Judgment

Homeowner’s Repeated Violations of Injunction Results in Dismissal of Answer and Default Judgment

by Lawrence Szabo, Esq. | May 12, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance

UNPUBLISHED North Carolina Appellate Court decision (April 7, 2015) A homeowners association (HOA) and its board of directors filed suit against a homeowner and her parents based on claims for malicious prosecution, abuse of process and defamation. The plaintiffs...
California Court Upholds HOA’s Enforcement of CC&Rs Provision Allowing Only One Dog Per Household

Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer

by Lawrence Szabo, Esq. | May 8, 2015 | Case Decisions, Construction Defects, Dispute Resolution

Colorado Appellate Court decision (May 7, 2015). This case was an action seeking damages for construction defects that was filed by a condominium homeowners association (“Association”) against the project’s original developer / declarant who...
Does Your HOA Have Adequate Policies and Procedures for the Internal Resolution of Disputes?

Does Your HOA Have Adequate Policies and Procedures for the Internal Resolution of Disputes?

by Lawrence Szabo, Esq. | May 5, 2015 | Dispute Resolution

Part of living in a common interest development involves issues relative to disagreements between the homeowners association and members over compliance with the association’s governing documents (i.e. declaration, CC&Rs, rules, or policies). History has...
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