by Lawrence Szabo, Esq. | Jan 2, 2015 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
Delaware Court of Chancery decision (December 22, 2014) This case involved a dispute between a condominium owner and her homeowners association over the owners attempted modifications to her separate interest property that the association contended were in violation...
by Lawrence Szabo, Esq. | Nov 20, 2014 | Case Decisions, Use and Maintenance
Washington State Appellate Court decision (November 17, 2014). An employee of a company hired by an HOA to maintain the common areas, including trees, was injured when a tree fell on him. He sued the HOA claiming that it breached its duty to warn or otherwise protect...
by Lawrence Szabo, Esq. | Nov 12, 2014 | Case Decisions, Governing Documents, Use and Maintenance
Indiana Appellate Court decision (November 10, 2014). A homeowner erected a rainwater collection system on his property located within a common interest development without first obtaining consent from the homeowners association. The system consisted of rain barrels...
by Lawrence Szabo, Esq. | Nov 10, 2014 | Use and Maintenance
As the governing body for a common interest development, the homeowners association is vested with the responsibility for maintenance of the association’s common area. This responsibility is specifically described in the association’s governing documents...
by Lawrence Szabo, Esq. | Sep 20, 2014 | Case Decisions, Use and Maintenance
Illinois Appellate Court decision (September 18, 2014). A service provider had a four year contract with an HOA for tree care services. The service provider sued the HOA for breach of the contract alleging that the HOA terminated the contract after two years and then...
by Lawrence Szabo, Esq. | Sep 19, 2014 | Board of Directors, Case Decisions, Use and Maintenance
Texas Court of Criminal Appeals decision (September 17, 2014). The president of a homeowners association in Texas carried a handgun in a holster strapped to his leg while conducting “walk-thrus” of the association’s common areas. He was arrested and...
