by Lawrence Szabo, Esq. | Sep 10, 2014 | Case Decisions, Dispute Resolution, Governing Documents, Use and Maintenance
US District Court, Eastern District of California decision (September 3, 2014). In this case a homeowners association (“Association”) filed suit against a neighboring property owner that operated a day camp on their property. The Association alleged claims...
by Lawrence Szabo, Esq. | Jul 31, 2014 | Case Decisions, Governing Documents, Use and Maintenance
United States Court of Appeals for the Sixth Circuit decision (July 29, 2014). The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association under the Fair Housing Act (FHA) based on the...
by Lawrence Szabo, Esq. | Jul 27, 2014 | Use and Maintenance
It is standard for the governing documents for a common interest development to contain restrictions that impose aesthetic and architectural controls on the owners of separate interests that are part of the common interest development. Typically, the state courts have...
by Lawrence Szabo, Esq. | Jul 16, 2014 | Use and Maintenance
By John Voket, RISMedia Consumer Confidant I have visited the subject of Homeowner Associations (HOAs) in the past, but it recently became apparent that HOAs are still making headlines – this time because many are still working to prevent the installation of...
by Lawrence Szabo, Esq. | May 24, 2014 | Case Decisions, Governing Documents, Use and Maintenance
US District Court, District of Nevada decision (May 23, 2014). This case involves an ongoing legal battle between HOA members and their homeowners association over the members’ right to bring their Chiwawa dog (Angel) in the common area clubhouse. The homeowners...
by Lawrence Szabo, Esq. | Apr 17, 2014 | Case Decisions, Governing Documents, Use and Maintenance
A Texas judge has denied a request by a neighbor and the homeowners association for a temporary injunction that would immediately stop the continued use of a family home in a common interest development as a synagogue. The defendants’ attorney argued that the...