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Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

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...
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA

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...
Architectural and Aesthetic Restrictions Imposed by Homeowners Associations

Architectural and Aesthetic Restrictions Imposed by Homeowners Associations

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...
HOA’s vs. Solar Panels:  What Gives?

HOA’s vs. Solar Panels: What Gives?

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...
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

NV Court Says No Special Training Required for Service/Assistance Animal under FHA

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...
Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Texas Court Denies HOA Injunction Seeking to Prevent Use of House as a Synagogue

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...
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