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Indiana Ct Issues Injunction Directing Homeowner to Remove Wood Pallets in Backyard & Pay Atty Fees

Indiana Ct Issues Injunction Directing Homeowner to Remove Wood Pallets in Backyard & Pay Atty Fees

by Lawrence Szabo, Esq. | Feb 10, 2015 | Case Decisions, Dispute Resolution, Use and Maintenance

Indiana Appellate Court decision (January 27, 2015). A homeowner refused to remove wooden pallets that were propped up against a tree in his backyard as directed by the HOA’s property manager who informed the homeowner that, because the pallets were visible from...
Indiana Ct Issues Injunction Directing Homeowner to Remove Wood Pallets in Backyard & Pay Atty Fees

Florida Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner

by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

In this case, a homeowner installed a new septic drain field on his property which affected the landscaping in his front yard.  As part of the project the homeowner redesigned the affected landscaping to include hardscape features, vegetation and mulch, but no grass....
Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

by Lawrence Szabo, Esq. | Feb 9, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

Texas Appellate Court decision (February 13, 2015). A homeowners association (“Association”) brought suit against an individual homeowner / member of the Association to enforce restrictive covenants contained in the Association’s governing documents....
Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

HOAs Should Have Procedures for Retaining Contractors

by Lawrence Szabo, Esq. | Feb 3, 2015 | Use and Maintenance

Management personnel for homeowners associations (property managers and directors) are constantly arranging for maintenance, repair, and improvement work that is required to properly maintain and/or improve the association’s common area property. To make prudent...
Indiana Ct Issues Injunction Directing Homeowner to Remove Wood Pallets in Backyard & Pay Atty Fees

Kentucky Court Upholds HOA’s Arbitrary Enforcement of Setback Rules to Prevent Home Addition

by Lawrence Szabo, Esq. | Jan 30, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance

UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015). This case involved a dispute between a homeowner and his HOA over an addition that the homeowner sought to construct to his home which the Association maintained violated side-yard setback restrictions...
Indiana Ct Issues Injunction Directing Homeowner to Remove Wood Pallets in Backyard & Pay Atty Fees

WA Appellate Ct. Decision Does Not Resolve Ongoing Neighbor Dispute Over The Height of Trees

by Lawrence Szabo, Esq. | Jan 9, 2015 | Case Decisions, Use and Maintenance

UNPUBLISHED Washington State Appellate Court decision (December 22, 2014). This case involved a dispute between adjacent homeowners in a common interest development over the height of trees on one of the owner’s property that interfered with the view from the...
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