by Lawrence Szabo, Esq. | Apr 12, 2017 | Governing Documents
Most homeowners associations are corporations that are organized under the laws of the state in which the association is located. A corporation is a distinct legal entity that the state laws allow for which includes shareholders (or members in the case of a...
by Lawrence Szabo, Esq. | Apr 12, 2017 | Governing Documents
It is commonplace for homeowners associations to experience problems relating to the payment of assessments and/or rules violations by members of the association and their family and guests. The most common methodology used for the enforcement of rules has...
by Lawrence Szabo, Esq. | Apr 12, 2017 | Governing Documents
Members of homeowners associations for common interest developments know that the associations have governing documents which spell out the legal structure for the association and specify the requirements relative to the association’s operations. The term “governing...
by Lawrence Szabo, Esq. | Mar 14, 2017 | Governing Documents
The governing documents for a homeowners association consists of several different documents that play a part in the management and operations of the homeowners association. Such documents typically include such items as Articles of Incorporation, Bylaws, Declaration...
by Lawrence Szabo, Esq. | Jan 24, 2017 | Case Decisions, Governing Documents, Use and Maintenance
U.S. District Court, District of Oregon, Eugene Division, decision (January 11, 2017). This case involved a dispute over a homeowners association’s denial of a member’s request for an accommodation from a restrictive covenant that prohibited them from parking large...
by Lawrence Szabo, Esq. | Nov 30, 2016 | Case Decisions, Dispute Resolution, Governing Documents, Ownership and Transfer of Interest
Texas Appellate Court decision (November 16, 2016). In this case, a homeowner (“Owner”) brought an action against his homeowners’ association (“Association”) challenging deed restrictions which provided that homes must be “used solely for residential purposes.” After...
