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.
Category: HOA litigation and case law
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
Courts in AZ, NC, and CA rule in favor of homeowners opposing amended HOA Covenants and Restrictions
Courts in three U.S. state rule on lawsuits against amendments to HOA, condo covenants and restrictions Homeowners sued to assert their property rights, after their