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Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

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...
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

Oregon Bankruptcy Court Says Debtors’ Chapter 13 Plan Can Force Lender to Take Title to Property

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...
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

NV Supreme Ct Upholds Decision Giving HOA Lien Priority Over $885,000 First Trust Deed

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...
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on 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...
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

Kentucky Ct Enjoins Homeowners Short Term Rentals of Property as Prohibited Business Use of Property

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...
Florida Ct. Sets Aside HOA Lien Foreclosure Sale Due to Deficient Service on Homeowner

Illinois Court Strikes Down HOA’s Amendment to CC&Rs that Sought to Prohibit Owner Leasing of Units

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...
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