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Tips for HOA Directors Regarding Contracting on Behalf of the Association

Tips for HOA Directors Regarding Contracting on Behalf of the Association

by Lawrence Szabo, Esq. | Nov 14, 2017 | Board of Directors, Use and Maintenance

Acting through its board of directors, homeowners associations are responsible for properly maintaining the common areas of a common interest development. Proper maintenance of the common areas necessitates contracting for materials and services that are provided by...
Tips for HOA Directors Regarding Contracting on Behalf of the Association

HOA Approval of Owner Modifications Should Require a Recordable Indemnification Agreement

by Lawrence Szabo, Esq. | Oct 19, 2017 | Use and Maintenance

Homeowners associations are frequently requested to approve modifications that are desired by owners of separate interests within the association. The approval of modifications is generally a function of the association’s architectural review committee and/or the...
Texas Court Says HOA Lacked Authority to Compel Owners to Use a Trash Service Provider Chosen by the Board of Directors

Texas Court Says HOA Lacked Authority to Compel Owners to Use a Trash Service Provider Chosen by the Board of Directors

by Lawrence Szabo, Esq. | Jul 28, 2017 | Board of Directors, Governing Documents, Use and Maintenance

Texas Appellate Court decision (July 26, 2017). The case involved a dispute over whether a homeowners association (“Association”) had the authority to compel owners and residents within the common interest community to use and pay for a particular waste and recycling...
Understanding and Dealing with Nuisances in Common Interest Developments

Understanding and Dealing with Nuisances in Common Interest Developments

by Lawrence Szabo, Esq. | May 18, 2017 | Use and Maintenance

All property owners that are members of a homeowners association which manages a common interest development are responsible for complying with state and local laws and the provisions contained in the association’s governing documents. The applicable laws and an...
Texas Court Says HOA Lacked Authority to Compel Owners to Use a Trash Service Provider Chosen by the Board of Directors

N.Y. Court Says HOA “Rules” Limiting Rentals Were Unenforceable

by Lawrence Szabo, Esq. | Mar 15, 2017 | Case Decisions, Use and Maintenance

Appellate Division of the Supreme Court of New York decision (March 9, 2017). This case involved a dispute between a homeowners’ association (“Association”) and homeowners (“Homeowners”) over the enforceability of rules adopted by Association concerning the renting of...
Texas Court Says HOA Lacked Authority to Compel Owners to Use a Trash Service Provider Chosen by the Board of Directors

U.S. Dist. Ct. Says HOA Violated Fair Housing Laws by Prohibiting Parking of Van in Owner’s Driveway

by Lawrence Szabo, Esq. | Jan 24, 2017 | Case Decisions, Governing Documents, Use and Maintenance

U.S. District Court, District of Oregon, Eugene Division, decision (January 11, 2017). This case involved a dispute over a homeowners association’s denial of a member’s request for an accommodation from a restrictive covenant that prohibited them from parking large...
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