by Lawrence Szabo, Esq. | Nov 1, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Florida District Court of Appeals decision (November 14, 2014). This case involved an appeal by an absentee homeowner of a lower court’s default judgment allowing the homeowner’s HOA to foreclose its lien for unpaid maintenance assessments and sell the homeowner’s...
by Lawrence Szabo, Esq. | Oct 17, 2014 | Case Decisions, Ownership and Transfer of Interest
US Bankruptcy Court For The District of Oregon decision (October 15, 2014): The Debtors in this Chapter 13 bankruptcy proceeding owned a property located in a planned community where the property was subject to homeowners association assessments. The homeowners...
by Lawrence Szabo, Esq. | Sep 28, 2014 | Case Decisions, Dues and Assessments, Ownership and Transfer of Interest
Nevada State Supreme Court decision (September 18, 2014): The Nevada State Supreme Court has ruled that a homeowners association’s foreclosure of a super priority lien can extinguish a first deed of trust on the property. The property in question was owned by a real...
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...
by Lawrence Szabo, Esq. | Aug 12, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest
Kentucky Appellate Court decision (August 8, 2014). The appellants in this case were homeowners of a property located within a common interest development that they used for short term rentals. The homeowners association brought suit against the homeowners seeking...
by Lawrence Szabo, Esq. | Aug 9, 2014 | Case Decisions, Governing Documents, Ownership and Transfer of Interest
Illinois Appellate Court decision (August 7, 2014). (Note- this decision may be cited as precedent only in the limited circumstances allowed under Illinois Supreme Court Rule 23(e)(1)). The plaintiff in this action filed suit against her HOA to challenge an amendment...