by Lawrence Szabo, Esq. | Feb 24, 2016 | Use and Maintenance
Most common interest developments’ declarations contain restrictions that impose aesthetic and architectural controls on the owners. Frequently, architectural control issues involve disputes concerning modifications that an owner seeks to make to the...
by Lawrence Szabo, Esq. | Oct 22, 2015 | Use and Maintenance
Requests from homeowners for approval to install solar panels on their property are becoming more and more common in homeowners associations throughout the country. Given the likelihood that most homeowners associations will have to address the issues involving the...
by Lawrence Szabo, Esq. | Sep 28, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Illinois Appellate Court decision (September 25, 2015) This case involved an action for declaratory relief filed by a homeowners association (“Association”) against four homeowners (“Homeowners”) to enforce a restrictive covenant contained in Association’s governing...
by Lawrence Szabo, Esq. | Sep 1, 2015 | Case Decisions, Use and Maintenance
Supreme Court of New Jersey decision (August 12, 2015). The plaintiff in this case sued the developer of a common interest development, the homeowners association, the association’s management company, and a landscape contractor for damages resulting from personal...
by Lawrence Szabo, Esq. | Jul 22, 2015 | Governing Documents, Ownership and Transfer of Interest, Use and Maintenance
A source of considerable confusion and disputes between homeowners and their homeowners association (HOA) involves issues pertaining to those portions of the common area that are designed for use by less than all of the homeowners. Most common interest developments,...
by Lawrence Szabo, Esq. | Jul 17, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance
Florida Appellate Court decision (July 15, 2015). In this case, the plaintiffs were the owners of a ground floor condominium unit that had ongoing problems due to moisture intrusion through the slab under the floor of their unit. Under the HOA’s governing documents,...
