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CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

by Lawrence Szabo, Esq. | Sep 1, 2014 | Governing Documents

Unpublished California Appellate Court decision (August 19, 2014). In this case, one homeowner (“Harper”) sued its neighboring homeowner (“Valentine”) and their homeowners association (“Association”) over alleged violations of the...
CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

Kentucky Ct Enjoins Homeowners Short Term Rentals of Property as Prohibited Business Use of Property

by Lawrence Szabo, Esq. | Aug 12, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest

Kentucky Appellate Court decision (August 8, 2014). The appellants in this case were homeowners of a property located within a common interest development that they used for short term rentals. The homeowners association brought suit against the homeowners seeking...
CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

Illinois Court Strikes Down HOA’s Amendment to CC&Rs that Sought to Prohibit Owner Leasing of Units

by Lawrence Szabo, Esq. | Aug 9, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest

Illinois Appellate Court decision (August 7, 2014). (Note- this decision may be cited as precedent only in the limited circumstances allowed under Illinois Supreme Court Rule 23(e)(1)). The plaintiff in this action filed suit against her HOA to challenge an amendment...
CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA

by Lawrence Szabo, Esq. | Jul 31, 2014 | Case Decisions, Governing Documents, Use and Maintenance

United States Court of Appeals for the Sixth Circuit decision (July 29, 2014). The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association under the Fair Housing Act (FHA) based on the...
CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

Fed. Ct. Says Private Individual Can’t Enforce Freedom to Display the American Flag Act of 2005

by Lawrence Szabo, Esq. | Jul 24, 2014 | Case Decisions, Dispute Resolution, Governing Documents

Louisiana US District Court decision (July 14, 2014): A Louisiana association member filed a federal court action against his homeowners association challenging the Association’s right to prohibit him from displaying an American flag outside the door to his...
CA Ct Says Owners Can’t Sue Other Owners for Violations of Governing Docs Other than Declaration

NV Court Says No Special Training Required for Service/Assistance Animal under FHA

by Lawrence Szabo, Esq. | May 24, 2014 | Case Decisions, Governing Documents, Use and Maintenance

US District Court, District of Nevada decision (May 23, 2014). This case involves an ongoing legal battle between HOA members and their homeowners association over the members’ right to bring their Chiwawa dog (Angel) in the common area clubhouse. The homeowners...
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