When do private property restrictive covenants override state law? What makes deed restrictions valid, and part of a binding contract? Two recent HOA lawsuits shed some light on these issues.
HOA Lawsuits: Owners challenge powers of HOA boards (Part 1)
A review of three recent HOA lawsuits in Colorado, Illinois, and Maryland.
Property owners accuse their HOA boards with abuse of power: the power for foreclose without providing proper notice; the power to negotiate the sale of a condo building without involvement of unit owners; and the power to approve a landscape contract benefitting only some of the unit owners.
Courts review 4 homeowner lawsuits against developer controlled HOAs
Homeowners sue declarant-developers for extending their control of community associations (HOAs) Developers accused of increasing HOA fees without justification, breaching fiduciary duties Property owners unsuccessfully
5 similar HOA & condo building safety bills yield mixed results for housing consumers
As detailed in my previous post, Florida’s Governor signed a controversial condo safety bill following a special 2022 legislative session. Legislators had faced steep political