by Lawrence Szabo, Esq. | May 12, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance
UNPUBLISHED North Carolina Appellate Court decision (April 7, 2015) A homeowners association (HOA) and its board of directors filed suit against a homeowner and her parents based on claims for malicious prosecution, abuse of process and defamation. The plaintiffs...
by Lawrence Szabo, Esq. | Apr 27, 2015 | Use and Maintenance
HOA governing documents and state laws typically provide that an association has a duty to maintain the common areas unless the declaration states otherwise. That duty has been amplified by additional civil tort laws and court case decisions that impose a duty on an...
by Lawrence Szabo, Esq. | Mar 3, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Illinois District Court decision (March 6, 2015). This case involved claims filed by husband and wife homeowners and their minor daughter against their homeowners association, its board of directors, its property management company, and the individual property manager...
by Lawrence Szabo, Esq. | Mar 1, 2015 | Case Decisions, Governing Documents, Use and Maintenance
Florida Appellate Court decision (January 27, 2015). This case involved a dispute between neighboring townhouse owners over a yard lighting system installed by one of the neighbors that the other neighbor strenuously objected to. The homeowners association governing...
by Lawrence Szabo, Esq. | Feb 16, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance
UNPUBLISHED California Appellate Court decision (January 29, 2015). This case involved a dispute between a homeowners association and a member of the association who made unauthorized modifications to the flooring in his upstairs condominium unit. The...
by Lawrence Szabo, Esq. | Feb 12, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Texas Appellate Court decision (January 27, 2015). In this case, a homeowners association sued a homeowner/member of the association for damages and injunctive relief for flying the American flag in violation of the HOA’s guidelines. The homeowner flies the...
