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Pet Owners Must be Aware of Homeowners Association Pet Restrictions

Pet Owners Must be Aware of Homeowners Association Pet Restrictions

by Lawrence Szabo, Esq. | Jun 27, 2017 | Governing Documents

Current statistics reflect that approximately 65% of U.S. households have at least one pet and 42% have more than one pet. The vast majority of these pets are various breeds of dogs and cats, but many people also become very attached to many other types of animals...
Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

by Lawrence Szabo, Esq. | May 25, 2017 | Governing Documents

Colorado Appellate Court decision (May 18, 2017): This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) over the validity of the Association’s amended and restated Declaration (“Amendment”) — the recorded...
Enforcement of HOA Governing Documents with Court Ordered Injunctions

Enforcement of HOA Governing Documents with Court Ordered Injunctions

by Lawrence Szabo, Esq. | May 22, 2017 | Governing Documents

An important responsibility of homeowners’ association directors is the enforcement of the homeowners association’s governing documents, especially the CC&Rs and operating rules. When the directors become aware of violations, they must make decisions regarding...
Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

Court Awards Homeowner Punitive Damages After Association Denies Owner’s Request for an Accommodation from Association’s “No Pets” Policy

by Lawrence Szabo, Esq. | May 9, 2017 | Governing Documents

This case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over Owner’s right to have an accommodation from HOA no pets policy in order to retain her pet Chihuahua that she contended was needed to enable Owner to cope with...
Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

Colorado Supreme Ct. Says Contractual Exculpatory Clauses that Protect Directors and Agents do Not Protect the Association

by Lawrence Szabo, Esq. | May 4, 2017 | Dispute Resolution, Governing Documents

Colorado Supreme Court decision (May 1, 2017). This case involved a dispute between a Property Owners Association (“Association”) and two homeowner members of Association who built a home within the common interest community governed by Association (“Owners”). After...
Colorado Court Invalidates HOA’s Restated Declaration for Failure to Satisfy Statutory Requirements

Court Orders Homeowner to Reconstruct Driveway that was not Approved by Association’s Architectural Review Committee

by Lawrence Szabo, Esq. | Apr 28, 2017 | Governing Documents

Delaware Court of Chancery decision (April 21, 2017). This case involved a dispute between a homeowners association (“Association”) and the owner of a home situated within the common interest community governed by Association (“Owner”), over the material used by Owner...
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