by Lawrence Szabo, Esq. | Sep 21, 2016 | Case Decisions, Dispute Resolution, Governing Documents
Alabama Appellate Court decision (September 16, 2016). In this case, in 2007, a homeowner purchased a property in a development that was subject to restrictive covenants created by the original developer of the subdivision. Shortly after purchasing the property, the...
by Lawrence Szabo, Esq. | Aug 23, 2016 | Governing Documents
Members of homeowners associations are frequently confronted with situations involving claims by the association that the member is not complying with certain provisions that are contained in the association’s governing documents (Bylaws, CC&Rs, Rules,...
by Lawrence Szabo, Esq. | Jul 28, 2016 | Governing Documents
There are multiple documents that collectively comprise the governing documents for a homeowners association. Those documents typically consist of: (i) Articles of Incorporation (ii) Bylaws; (iii) Declaration / Conditions, Covenants and Restrictions (“CC&Rs); and...
by Lawrence Szabo, Esq. | Jul 14, 2016 | Governing Documents
People who live in common interest communities that are governed by a homeowners association and those who are responsible for managing the association such as directors, officers, committee members, and management personnel, frequently deal with issues that require...
by Lawrence Szabo, Esq. | Jun 28, 2016 | Case Decisions, Dispute Resolution, Governing Documents
Tennessee Appellate Court decision (June 23, 2016). In this case, a homeowners association (“Association”) brought suit against a homeowner (“Owner”) seeking to enjoin her from conducting commercial activity at her home and from parking a commercial trailer on the...
by Lawrence Szabo, Esq. | Jun 16, 2016 | Governing Documents
State laws and an association’s governing documents grant homeowners associations standing to initiate legal actions that are designed to enforce the association’s governing documents. The association’s board of directors has a duty to enforce the...
