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Homeowners Association Law
 
Carmen Kovacevic v. Avalon At Eagles' Crossing Homeowners Association

Carmen Kovacevic, in propria persona, filed a complaint containing 11 causes of action against Avalon at Eagles' Crossing Homeowners Association (Avalon), various directors of Avalon, and the property management company that manages the condominium complex in which Kovacevic lives, Bruner & Rosi Management, Inc. (Bruner & Rosi). The defendants filed a notice pursuant to Code of Civil Procedure sec... More...   $0 (10-26-2010 - CA)

Ruth E. Abers v. Christine Marie Rounsvell

These appeals concern a Santa Ana condominium project that falls somewhere between owning a home and renting it. Plaintiffs (the homeowners) purchased a leasehold interest in their individual homes in a 150-unit condominium project. Each has been assigned a single-unit ground lease with lessors, the trustees of a family trust.

The ground leases are for a long term (75 years), with a rent ... More...
   $0 (10-19-2010 - CA)

Richard Snell v. Spectrum Association Management, L.P.

This appeal arises from an anti-suit injunction prohibiting Appellants Richard Snell, Brad Croft, and Willawall Investments, Inc., from filing any additional suits against Appellee Spectrum Association Management L.P. or its current or former employees. Appellants complain that the injunction was entered without an evidentiary hearing. Because the Appellant Croft did not expressly consent to the... More...   $0 (09-08-2010 - TX)

Todd M. Bodine v. Harris Village Property Owners Association, Inc.

Plaintiffs, Todd M. Bodine and Janet L. Paczkowksi (collectively “Homeowners”) built a 14 x 42 foot pool house and tiki hut (covered porch) to adjoin their home, but only received permission from the Harris Village Property Owners Association’s Board of Directors (“Association”) to build a 10 x 14 foot pool house. Litigation ensued, resulting in two orders denying Homeowners’ claims.More...   $0 (09-07-2010 - NC)

David Critzer v. Jerry Enos

David and Margaret Critzer, owners of a townhome in a Cupertino project known as Northpoint, and their neighbor, Jerry Enos, had a dispute concerning a window installed in Enos‟s upstairs bathroom in February 2004. The Critzers ultimately brought suit against Enos, Darien A. Tung (Enos‟s successor-in-interest), and Northpoint Homeowners Association (HOA). After it was assigned out to trial, th... More...   $0 (08-30-2010 - CA)

Pete's Mountain Homeowners Association v. Oregon Water Resources Board

In this water rights case, the Oregon Water Resources Department (the department) approved an application of Pete's Mountain Water Co., Inc. (the water company), to amend a water right permit. Petitioners, a neighborhood association and a number of local area residents, filed a petition for judicial review of an order in other than a contested case. The water company intervened and moved to dism... More...   $0 (08-11-2010 - OR)

Monmouth Meadows Homeowners Association, Inc. v. Tiffany Hamilton

In this appeal we address how courts should determine the amount of attorneys’ fees to be awarded under the Maryland Contract Lien Act (“CLA”). See Md. Code (1974, 2003 Repl. Vol.) §§ 14-201 to -206 of the Real Property Article (“RP”). Petitioner homeowners associations (the “Associations”) appeal the amount of attorneys’ fees awarded to them by the Circuit Courts for Harford and... More...   $0 (07-27-2010 - MD)

Keith Margerison v. Charter Oak Homeowers Association

¶1 Plaintiffs/Appellants Keith Margerison and Robert McCullough appeal summary judgment entered in favor of Defendant/Appellee Charter Oak Homeowners Association. Appellants and Association both sought summary judgment declaring whether Appellants' gates could remain in a fence Association installed along its fencing easement on Appellants' properties. The record on appeal shows disputed material... More...   $0 (07-17-2010 - OK)

Villa Vicenza Homeowners Association v. Nobel Court Development, LLC

In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC&R's) which required a homeowners association arbitrate any construction defect claim the association might have against the developer. As we explain more fully below, we find CC&R's are not an effective means of obtaining an agreement to arbitrate a homeowners association's cons... More...   $0 (06-01-2010 - CA)

Patrick Joffroin v. Joseph S. Tufaro

Patrick Joffroin and forty-eight other homeowners (“Appellants”) in the Clipper Estates subdivision in Slidell, Louisiana appeal the district court’s dismissal of their lawsuit for lack of standing. Appellants are members of the Clipper Estates Master Homeowners Association (“CEMHOA”), and filed this lawsuit against the developers of the Clipper Estates subdivision (“Appellees”), all... More...   $0 (05-16-2010 - LA)

Sandra Lake v. Woodcreek Homeowners Association

The Horizontal Property Regimes Act (HPRA), chapter 64.32 RCW, applies to the Woodcreek Condominium in Bellevue, Washington. A Woodcreek owner, Sandra Lake, invokes the HPRA to resolve a dispute between her, the Woodcreek Homeowners Association, and her fellow condominium owner Glen R. Clausing. Lake claims that the association’s board of directors violated the HPRA or Woodcreek’s declaration ... More...   $0 (04-15-2010 - WA)

Deamland Villa Community Club, Inc. v. Daryle G. Raimey

¶1 This appeal and cross-appeal concern the validity of amendments to deed restrictions creating a homeowners' association and requiring homeowners within the community to pay assessments as well as the trial court’s decision not to award attorneys’ fees to the prevailing party in the matter. For the following reasons, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

¶2 Dr... More...
   $0 (03-16-2010 - AZ)

Oasis West Realty, LLC v. Kenneth A. Goldman

This case presents itself as one concerning Code of Civil Procedure section 425.16 ("section 425.16"), the anti-SLAPP special motion to strike. In fact, the case primarily concerns the scope of an attorney's duty to a former client. Defendants and appellants Reed Smith LLP, a law firm, and Kenneth Goldman, a partner at Reed Smith, for a time represented plaintiff and respondent Oasis West Realty, ... More...   $0 (03-03-2010 - CA)

Debra Billings v. County Council of Prince George's County, Maryland

The appellants in this zoning case are Dedra Billings, David B. Johnson, Michelle Coffee, Cheryl Corson, and Friends of Croom Civic Association. The appellees are the County Council of Prince George’s County, Maryland, sitting as the District Council (hereafter, “the District Council”) and Eastern Petroleum Corporation (“Eastern Petroleum”). Maryland Code (2003 Repl. Vol.) Article 28 § ... More...   $0 (02-16-2010 - MD)

Zuehl Airport Flying Community Owners Association, Inc. v. Phil Meszler

This appeal stems from the trial court’s determination that Zuehl Airport Flying Community Owners Association (the Association) improperly increased the owners’ monthly assessments under the Declaration of Covenants, Conditions and Restrictions for Zuehl Airport Flying Community (the Declaration). On appeal, the Association asserts the assessments complied with Section 3(c) of the Declaration... More...   $0 (02-15-2010 - TX)

Jim Hill v. Sportsman's World Recreational Association, Inc.

This appeal arises from a declaratory judgment involving the construction of restrictive covenants and the levy of fees by a property owners= association. Upon construing the applicable covenants, the trial court rendered judgment against Jim Hill and in favor of Sportsman=s World Recreational Association, Inc. The trial court declared that the Association may levy assessments against individual... More...   $0 (02-04-2010 - TX)

Eagle Ridge Estates Homeowners Association, Inc. v. Terry Mitchell Anderson a/k/a Terry M. anderson

[¶1.] This case involves a dispute concerning the amount Terry and Ann Anderson (Andersons) owe to Eagle Ridge Estates Homeowners Association, Inc. (Homeowners Association) pursuant to a private access easement agreement. The circuit court granted summary judgment to Homeowners Association. Andersons appeal. We reverse.

FACTS AND BACKGROUND

[¶2.] Andersons own three lots in Law... More...
   $0 (01-06-2010 - SD)

Monzer Hourani and Carlton Park Owner's Association, Inc. v. Jonathan Katzen

In this suit for declaratory relief, which concerns a dispute over restrictive covenants in a residential subdivision, appellants, Monzer Hourani and Carlton Park Owner's Association, Inc. ("Hourani"), challenge the trial court's rendition of summary judgment in favor of appellee, Jonathan Katzen.

In six issues, Hourani contends that the trial court erred by (1) declaring Section 2.4(o) of ... More...
   $0 (11-25-2009 - TX)

Cheap-O-Rooter, Inc. v. Marmalade Square Condominium Homeowners Association, et al.

¶1 Defendants Marmalade Square Condominium Homeowners Association, Bruce Manka, and Frank Guyman (collectively Marmalade) appeal the district court's decision to set aside a default judgment entered against Plaintiff Cheap-O-Rooter, Inc. after Cheap-O-Rooter failed to appear at a hearing. In moving to have the default judgment set aside, Cheap-O-Rooter submitted a motion with no accompanying memo... More...   $0 (11-13-2009 - UT)

Moss Creek Homeowners Association, Inc. v. Ted L. Bissette, et al.

Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.

FACTS

Moss Creek is a single-family residential... More...
   $0 (10-20-2009 - NC)

Patricia Vice and Kathie Slotter v. Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak

In this defamation suit, appellants, Patricia Vice and Kathie Slotter, bring an interlocutory appeal challenging the trial court's order that denied their summary judgment motion in favor of the appellees, Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak. In nine issues, Vice and Slotter argue that the trial court erred in denying summary judgment on three publications because (... More...   $0 (10-01-2009 - TX)

Starlight Ridge South Homeowners Association v. Stephen K. Hunter-Bloor

Plaintiff and appellant Starlight Ridge Homeowners Association (the Association) is the owners‟ association of a common interest development. Defendant and respondent Stephanie K. Hunter-Bloor (the homeowner) is the owner of a residential lot in the development. The Association claimed that the homeowner was responsible for upkeep and maintenance of a portion of a drainage channel (the V-ditch) ... More...   $0 (09-04-2009 - CA)

Aslam Virani v. Pat Cunningham

Appellant Aslam Virani brings this interlocutory appeal challenging the trial court=s order denying his plea in abatement and motion to compel arbitration in his breach of contract suit against appellee Pat Cunningham. We affirm.



I. BACKGROUND

The Marina Del Sol Subdivision Homeowners Association (Athe Association@) sued Virani in 2003 for alleged deed restriction vi... More...
   $0 (08-20-2009 - TX)

Homestead Estates Homeowners Association v. Thomas D. Jones and Michalle L. Peterson-Jones

This appeal questions whether the owners of property subject to an ingress/egress easement may prevent the easement holder from upgrading the surface of a roadway over the easement in order to preserve the “charm of the area.” We affirm the judgment of the district court for Cass County declaring that the easement holder had the right to upgrade the roadway, where it was not shown that the upg... More...   $0 (07-17-2009 - NE)

City of Tulsa v. Raintree Estates I, Inc.

¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or... More...   $0 (05-25-2009 - OK)

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