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. | May 18, 2015 | Ownership and Transfer of Interest
The governing documents of most homeowners associations make a distinction between a member’s voting rights and all the other rights and privileges of members in the association. Thus, for example, it is common for an association’s governing documents to...
by Lawrence Szabo, Esq. | May 12, 2015 | Case Decisions, Ownership and Transfer of Interest
Florida District Appellate Court decision (May 8, 2015) In this case, in 2006 homeowners executed a promissory note secured by a mortgage on their property in favor of Option One Mortgage. The homeowners defaulted and, subsequent to the default, the original lender...
by Lawrence Szabo, Esq. | Apr 25, 2015 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Oregon US District Court decision (April 22, 2015). A lienholder (“Bank”) appealed a bankruptcy court ruling that confirmed a Chapter 13 Bankruptcy Plan that had been filed by the borrowers on a loan held by Bank which was secured by the borrowers’ property. Under the...
by Lawrence Szabo, Esq. | Feb 23, 2015 | Ownership and Transfer of Interest
Selling a condominium or a home that is part of a homeowners association involves lender inquiries into the business affairs of the homeowners association itself, and not just the intended borrower who is looking to obtain a mortgage on a unit or a home within the...
by Lawrence Szabo, Esq. | Feb 8, 2015 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida Appellate Court decision (February 5, 2015). This case involved an appeal by a homeowners association of a trial court ruling that granted a homeowner the right to redeem its property after the association had taken title by way of a foreclosure sale. In April...
