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Homeowners Association Law
 
Luis Davis v. Canyon Creek Estates Homeowners Association

This is an appeal by Luis Davis, Trustee of the Davis Family Blanco Road Property Trust (“the Trust”) from a trial court’s order granting summary judgment in favor of Canyon Creek Estates Homeowners Association (“the Association”) in a case involving restrictive covenants. This case was previously appealed to this court, and we affirmed the trial court’s partial summary judgment order... More...   $0 (07-13-2011 - TX)

Thousand Oaks Homeowners Association, Inc. v. Jim Crosby dba Planning Design Group

Thousand Oaks Homeowners Association, Inc. sued Jim Crosby d/b/a Planning Design Group,, PDG, Inc., and Bill Honeycutt da/ba Bill Honeycutt Masonry Construction on breach of contract, unjust enrichment and fraud theories.

The claims made and defenses asserted are not available.... More...
   $1 (07-08-2011 - OK)

Barbara L. Magin v. Solitude Homeowner's, Inc.

[¶1] The district court granted Solitude Homeowners, Inc. (Solitude) summary judgment on its claims that Barbara L. Magin had violated the subdivision’s protective covenants by erecting screens, brush, log piles, and fencing. The district court also awarded Solitude attorney fees.

[¶2] On appeal, Ms. Magin challenges the district court’s refusal to disqualify Solitude’s counsel for ... More...
   $0 (06-30-2011 - WY)

Yan Sui v. Stephen D. Price

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants‟ demurrer to plaintiff‟s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTSMore...
   $0 (06-20-2011 - CA)

Hidden Forest Homeowners Association v. James K. Hern

Hidden Forest Homeowners Association challenges the trial court’s judgment rendered in favor of James K. Hern. We affirm the judgment of the trial court.

Background

Hern owns a home located in the Hidden Forest subdivision. The subdivision is governed by the Hidden Forest Homeowners Association (“Hidden Forest”), which was formed pursuant to the Amended Declaration of Covenan... More...
   $0 (06-08-2011 - TX)

Hidden Forest Homeowners Association v. James K. Hern

Hidden Forest Homeowners Association challenges the trial court’s judgment rendered in favor of James K. Hern. We affirm the judgment of the trial court.

Background

Hern owns a home located in the Hidden Forest subdivision. The subdivision is governed by the Hidden Forest Homeowners Association (“Hidden Forest”), which was formed pursuant to the Amended Declaration of Covenan... More...
   $0 (06-08-2011 - TX)

Oak Lane Homeowners Association v. Dennis L. Griffin

¶1 The Oak Lane Homeowners Association (the Association) seeks review of the court of appeals’ decision in Oak Lane Homeowners Association v. Griffin (Oak Lane II), 2009 UT App 248, 219 P.3d 64, arguing that the court of appeals erred when it affirmed the district court’s grant of summary judgment to Dennis and Renae Griffin regarding the existence of a private easement over a private lane. T... More...   $0 (05-06-2011 - UT)

The Terraces at Cedar Hill, L.L.C. v. Gartex Masonry and Supply, Inc.

The Terraces at Cedar Hill, L.L.C. and The Terraces Addition Homeowners Association, Inc. appeal the trial court's judgment ordering foreclosure of the mechanic's lien held by Gartex Masonry and Supply, Inc. Appellants bring four issues asserting the trial court erred in ordering foreclosure of the mechanic's lien because (1) Gartex's lien affidavit did not comply with section 53.054 of the Texas... More...   $0 (03-24-2011 - TX)

Village Green Homeowners Association, Inc. v. Diane C. Leeder f/k/a Diane L. Albright

The trial court granted summary judgment in favor of appellant, Village Green Homeowners Association, Inc. (“Village Green”), awarding actual damages, attorney’s fees, and pre- and post-judgment interest. However, the trial court declined to grant Village Green’s request for foreclosure. On appeal, Village Green contends the trial court abused its discretion by denying Village Green the ... More...   $0 (03-02-2011 - TX)

Mirtz Zorilla v. The Homeowners of Plaza Del Lago, Inc.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Omar Cuevas v. Wheat Investments, Inc.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Mireta Zorilla v.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Omar Cuevas v. Wheat Investments, Inc.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Yigal Bosch v. Cedar Village Townhome Homeowners Association

Yigal Bosch appeals a judgment in favor of Cedar Village Townhomes Homeowners Association, Inc. (“Cedar Village”) for $21,002.60 in assessments, late fees, and prejudgment interest and $26,689.55 in attorney’s fees. Cedar Village sued Bosch for unpaid assessments under the Condominium Declaration, and Bosch counterclaimed. After the trial court granted two motions for partial summary judgm... More...   $0 (02-03-2011 - TX)

Wilson & Wilson v. City Council of Redwood City, et al.

In February 2003, the law firm of Wilson & Wilson (Wilson) brought an action against the City Council of Redwood City (City Council), the City of Redwood City (Redwood City), and the Redwood City Redevelopment Agency (Redevelopment Agency) (hereafter collectively the City) to challenge the approval and construction of a retail-cinema redevelopment project in Redwood City‟s downtown. Wilson asked... More...   $0 (01-25-2011 - CA)

Tahiti Beach Homeowners Association, Inc. v. Wendell G. Pfeffer and Leticia Albarran Pfeffer

Tahiti Beach Homeowners Association, Inc., appeals a partial final summary judgment in favor of Mr. and Mrs. Pfeffer regarding the Association’s complaint to foreclose a lien for a $285,000 fine. The fine, imposed for the alleged violation of a “Homesite Construction Rule,”1 did not meet the requirements of section 720.305(2), Florida Statutes (2007), regulating the imposition of fines by ho... More...   $0 (01-05-2011 - FL)

Peter B. Steiger v. Happy Valley Homeowners Association

[¶1] Peter B. and Sylvia Steiger (the Steigers) owned a tract of land in a subdivision governed by restrictive covenants. The Happy Valley Homeowners Association (the Association) filed a complaint against them alleging that they were violating one of the covenants. The district court granted summary judgment for the Association and the Steigers appealed. This Court reversed the summary judgment ... More...   $0 (12-07-2010 - WY)

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)

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