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Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

by Lawrence Szabo, Esq. | Oct 23, 2015 | Case Decisions, Dispute Resolution, Dues and Assessments, Governing Documents

Nevada Supreme Court decision (October 16, 2015). In this case, a homeowners association (“Association”) fined homeowners (“Owners”) for bringing their dog into the community clubhouse in violation of the Association’s amended rules that...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Florida District Court Says HOA Loitering and Curfew Rules Discriminate Against Children

by Lawrence Szabo, Esq. | Oct 8, 2015 | Case Decisions, Dispute Resolution, Governing Documents

United States District Court, Southern District of Florida, decision (October 1, 2015). In this action, the Fair Housing Center of the Greater Palm Beaches, Inc. (“Plaintiff”) alleged that the Defendant Homeowners Associations (“Association”)...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Illinois Court Upholds Homeowners’ Right to Conduct Daycare Business in HOA Community

by Lawrence Szabo, Esq. | Sep 28, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Illinois Appellate Court decision (September 25, 2015) This case involved an action for declaratory relief filed by a homeowners association (“Association”) against four homeowners (“Homeowners”) to enforce a restrictive covenant contained in Association’s governing...
HOAs Should Not Selectively Enforce Their Governing Documents

HOAs Should Not Selectively Enforce Their Governing Documents

by Lawrence Szabo, Esq. | Sep 24, 2015 | Governing Documents

The directors of a homeowners association (“Association” ) are responsible for interpreting and enforcing of the Association’s governing documents. There are generally no clear cut guidelines that specify when an Association must take action to...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Washington Supreme Court Says HOA Amendment to Declaration That Limited Rental Units was Invalid

by Lawrence Szabo, Esq. | Sep 11, 2015 | Case Decisions, Dispute Resolution, Governing Documents

Supreme Court of Washington decision (September 3, 2015). This case pertained to issues over the validity of an amendment to a condominium declaration (“Declaration”), that established a 30 percent limit on the number of condominium units within the...
Nevada Sup Ct. Says HOA Notification of Rule Change Was Insufficient to Uphold Fines for Violations

Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

by Lawrence Szabo, Esq. | Jul 23, 2015 | Case Decisions, Dispute Resolution, Governing Documents

Georgia Appellate Court decision (July 15, 2015). This case involves ongoing disputes between homeowners’ association members (“Owners”) and their homeowners’ association (“Association”) pertaining to efforts by the Association to prevent alleged continuing violations...
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