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Procedures for the Adoption of Association Rules

Procedures for the Adoption of Association Rules

by Lawrence Szabo, Esq. | Dec 15, 2014 | Governing Documents

In addition to the basic governing documents, an association should have its own internal rules and regulations to implement and supplement the provisions of the declaration and other governing documents. The internal rules are usually not recorded and, as a result,...
Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner

Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner

by Lawrence Szabo, Esq. | Nov 12, 2014 | Case Decisions, Governing Documents, Use and Maintenance

Indiana Appellate Court decision (November 10, 2014). A homeowner erected a rainwater collection system on his property located within a common interest development without first obtaining consent from the homeowners association. The system consisted of rain barrels...
Natural Disasters Underscore Need for HOA Disaster Plan

Natural Disasters Underscore Need for HOA Disaster Plan

by Lawrence Szabo, Esq. | Nov 1, 2014 | Governing Documents, Uncategorized

These days, when tornado sirens blare, condo owners in Judy Rosen’s 70-unit St. Louis high-rise go straight to the building’s underground, windowless garage and huddle in the center. They won’t soon forget the late April “Good Friday”...
Understanding Your Homeowners Association’s “Bylaws”

Understanding Your Homeowners Association’s “Bylaws”

by Lawrence Szabo, Esq. | Sep 22, 2014 | Governing Documents

Every incorporated homeowners association needs to have bylaws as part of their association’s governing documents. Understanding the significance of bylaws and the content of your association’s bylaws is critical to the proper functioning of a homeowners...
Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner

Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

by Lawrence Szabo, Esq. | Sep 10, 2014 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

US District Court, Eastern District of California decision (September 3, 2014). In this case a homeowners association (“Association”) filed suit against a neighboring property owner that operated a day camp on their property. The Association alleged claims...
Indiana Court Orders Removal of Unauthorized “Structure” Erected by Homeowner

WA Court Invalidates HOA Amendment to Declaration that Restricts Rentals

by Lawrence Szabo, Esq. | Sep 5, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest

Washington State Appellate Court published opinion (September 2, 2014). This case involves a dispute between a homeowners association (“Association”) and its members over the percentage of unit owner voter approval that is needed to pass an amendment to the...
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