by Lawrence Szabo, Esq. | Jul 22, 2015 | Governing Documents, Ownership and Transfer of Interest, Use and Maintenance
A source of considerable confusion and disputes between homeowners and their homeowners association (HOA) involves issues pertaining to those portions of the common area that are designed for use by less than all of the homeowners. Most common interest developments,...
by Lawrence Szabo, Esq. | Jun 23, 2015 | Case Decisions, Governing Documents, Ownership and Transfer of Interest
Idaho Supreme Court decision (June 22, 2015). This case involved a dispute between a homeowner (“Owner”) and a homeowners’ association (“Association”) over the enforceability of an amendment to the Association’s CC&Rs that...
by Lawrence Szabo, Esq. | Jun 1, 2015 | Governing Documents
Homeowners associations frequently find it difficult, if not impossible, to obtain the consents of homeowners to proposed amendments to an Association’s governing documents. The difficulty in obtaining member consents is typically due to: (i) high voter approval...
by Lawrence Szabo, Esq. | May 21, 2015 | Case Decisions, Dispute Resolution, Governing Documents
A homeowners association (“Association”) brought suit against a homeowner/ member seeking injunctive relief and damages for the homeowner’s breach of an hoa pet restriction contained in the Association’s governing documents. The hoa pet restriction permitted one dog...
by Lawrence Szabo, Esq. | Mar 9, 2015 | Governing Documents
It is a common practice in common interest communities that are governed by a homeowners association to have provisions in the association’s governing documents that require approval from the homeowners association for all changes to an owner’s separate...
by Lawrence Szabo, Esq. | Mar 3, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Illinois District Court decision (March 6, 2015). This case involved claims filed by husband and wife homeowners and their minor daughter against their homeowners association, its board of directors, its property management company, and the individual property manager...
