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Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

by Lawrence Szabo, Esq. | Mar 1, 2015 | Case Decisions, Governing Documents, Use and Maintenance

Florida Appellate Court decision (January 27, 2015). This case involved a dispute between neighboring townhouse owners over a yard lighting system installed by one of the neighbors that the other neighbor strenuously objected to. The homeowners association governing...
Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

Texas Court Rules Against HOA in Dispute Over Homeowner Display of the American Flag

by Lawrence Szabo, Esq. | Feb 12, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Texas Appellate Court decision (January 27, 2015). In this case, a homeowners association sued a homeowner/member of the association for damages and injunctive relief for flying the American flag in violation of the HOA’s guidelines. The  homeowner flies the...
Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

Florida Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner

by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

In this case, a homeowner installed a new septic drain field on his property which affected the landscaping in his front yard.  As part of the project the homeowner redesigned the affected landscaping to include hardscape features, vegetation and mulch, but no grass....
Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Texas Appellate Court decision (February 13, 2015). A homeowners association (“Association”) brought suit against an individual homeowner / member of the Association to enforce restrictive covenants contained in the Association’s governing documents....
Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

Kentucky Court Upholds HOA’s Arbitrary Enforcement of Setback Rules to Prevent Home Addition

by Lawrence Szabo, Esq. | Jan 30, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015). This case involved a dispute between a homeowner and his HOA over an addition that the homeowner sought to construct to his home which the Association maintained violated side-yard setback restrictions...
Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable

by Lawrence Szabo, Esq. | Jan 2, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Delaware Court of Chancery decision (December 22, 2014) This case involved a dispute between a condominium owner and her homeowners association over the owners attempted modifications to her separate interest property that the association contended were in violation...
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