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Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

by Lawrence Szabo, Esq. | Apr 17, 2014 | Case Decisions, Governing Documents, Use and Maintenance

A Texas judge has denied a request by a neighbor and the homeowners association for a temporary injunction that would immediately stop the continued use of a family home in a common interest development as a synagogue. The defendants’ attorney argued that the...
Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

Court Throws Out Claims v HOA Under Federal Law Re Display Of American Flag

by Lawrence Szabo, Esq. | Apr 13, 2014 | Case Decisions, Governing Documents, Use and Maintenance

US District Court, Florida decision entered March 31, 2014. This case involves an HOA’s restrictions regarding the flying of the American flag by an association member. The Association has specific rules regarding the display of flags that do not include the...
Is Your HOA Prepared to Properly Handle a Request for a Reasonable Accommodation Due to a Disability?

Is Your HOA Prepared to Properly Handle a Request for a Reasonable Accommodation Due to a Disability?

by Lawrence Szabo, Esq. | Apr 9, 2014 | Governing Documents

In a recent case decided in Florida involving a request for an accommodation in the HOA’s pet policy, the court found that the HOA may have wrongfully “constructively” denied a request for a service animal to assist a member who had multiple...
Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

Nevada Court Rules Non-Disabled Spouse Could Make Claims for Damages Under ADA

by Lawrence Szabo, Esq. | Apr 3, 2014 | Case Decisions, Dispute Resolution, Governing Documents

Nevada District Court decision (March 21, 2014). Plaintiffs, a husband and wife who were denied access to their community clubhouse because they had their pet dog that they contended was a service animal assisting the disabled wife, sued their homeowners association...
Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

Florida Decision Reveals 12 Key Points for Evaluation of a Request for Accommodation re Disability

by Lawrence Szabo, Esq. | Mar 21, 2014 | Case Decisions, Governing Documents, Use and Maintenance

Florida District Court decision (March 13, 2014). This case involves a dispute between a homeowners association and members over the members’ ability to keep a service dog (Sorenson) in their condominium as a “reasonable accommodation” under the Fair Housing Act...
Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

HOA Rule Prohibiting Relative Of Current Board Member Or Candidate From Becoming A Candidate Or Board Member Is Valid

by Lawrence Szabo, Esq. | Dec 14, 2013 | Governing Documents

California Appellate Court decision (September 20, 2013). A California HOA enacted an operating rule that prevents a person from seeking a position on the board if that prospective candidate is related by blood or marriage to any current board member, or to any...
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