HOAs don’t always win
Here’s how members beat them — real published decisions, plain English. MIXED outcomes are labeled. Public summaries are not a prediction for your dispute and not legal advice.
Get the fight kit Demand / document guides
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Tahiti Beach Homeowners Association, Inc. v. Pfeffer
Member win
— FL · fines
The owners won: the Third DCA affirmed partial final summary judgment barring foreclosure of the lien for the $285,000 fine. Section 720.305(2)’s fine limits and prior-notice-and-h…
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Dwork v. Executive Estates of Boynton Beach Homeowners Association, Inc.
Member win
— FL · Boynton Beach · hearings
Dwork won completely on appeal. Strict compliance with § 720.305(2)(b)’s at-least-14-days hearing notice is a mandatory prerequisite before an HOA may impose fines. Thirteen days i…
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Gillis v. Jackson Shores Townhomes Association, Inc.
Member win
— FL · Sebring · fines
Gillis won: the Second District reversed judgment for the association and remanded for entry of judgment for the homeowner. The $100 fine was invalid because the association failed…
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Congress Street Condominium Association, Inc. v. Anderson
Member win
— CT · Hartford · hearings
Anderson won on the fines. General Statutes § 47-244(a)(11) and the association’s declaration and bylaws require notice and an opportunity to be heard before levying fines. It was …
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Walker v. Windsor Court Homeowners Association
Member win
— NY · Poughkeepsie · fines
Walker kept the teachable win on the lien: the Appellate Division affirmed summary judgment removing the HOA lien based on unpaid fines. The declaration authorized liens for unpaid…
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A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association
MIXED
— AZ · elections-meetings
Under A.R.S. § 33-1804, planned-community boards may discuss enumerated sensitive topics in closed session, but voting and other formal actions must occur in open meetings so membe…
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Abdullah v. Winslow at Eagle's Landing Homeowners Association, Inc.
Member win
— GA · fines
The Georgia Court of Appeals reversed summary judgment for the association on the flower-bed fines. Although the declaration mentioned 'reasonable fines as may be imposed in accord…
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Abrams v. Seaview Assn. of Fire Is. N.Y. Inc.
MIXED
— NY · records
Under N-PCL § 621(e-1), a member is entitled to review enumerated financial records on request (read and take notes); the court ordered Seaview to permit that inspection within 30 …
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Abril Meadows Homeowner's Association v. Castro
HOA loss
— CO · Gunnison · other
The Colorado Court of Appeals held that an unsigned declaration does not create an enforceable common-interest community under CCIOA § 38-33.3-201, which requires a declaration exe…
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Affan v. Portofino Cove Homeowners Association
MIXED
— CA · other
Lamden judicial deference applies only when an association proves a good-faith, reasonably investigated maintenance decision within its authority—not to years of ignored sewer back…
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Alhambra Homeowners Association, Inc. v. Asad
MIXED
— FL · hearings
When an HOA voluntarily dismisses without prejudice a covenant-enforcement suit after owners raised failure of section 720.311's mandatory pre-suit mediation condition, the owners …
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Allison v. The Grand at Olde Carrollwood Condominium Association, Inc.
MIXED
— FL · other
VERIFY / REMAND — not a final merits win on flooring or fines. After Allison won nonbinding arbitration, the association filed for trial de novo. The circuit court improperly treat…
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Amelio v. Marilyn Pines Unit II Condominium Association, Inc.
Member win
— FL · other
Unit owners may obtain a mandatory injunction under § 718.303(1) compelling a condominium association to perform declaration-required common-element maintenance (here, stopping sla…
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Anderson v. Rosetree Village Ass'n, Inc.
MIXED
— FL · other
Owners may raise discriminatory, arbitrary, and capricious enforcement as an affirmative defense to architectural disapproval. Where the Andersons supported that defense with an af…
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Armstrong v. Ledges Homeowners Ass'n, Inc.
Member win
— NC · other
A declaration's amendment clause does not authorize unlimited new covenants. Amendments must be reasonable in light of the original bargain, read from the declaration, deeds, plat,…
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Arroyo v. Pacific Ridge Neighborhood Homeowners Association
MIXED
— CA · San Diego · elections-meetings
VERIFY post-remand election outcome — reverse/remand, not an automatic void. Construing Civil Code § 5105 independently, the court held the association failed to give director Arro…
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Beckett-Morales v. Scheuer
Member win
— FL · architectural
The Second District reversed a summary-judgment injunction that would have forced owners to modify a privacy fence to restore a neighbor's pond view. The existing (association-fund…
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Belmont Association, Inc. v. Farwig
Member win
— NC · architectural
The North Carolina Supreme Court held that Belmont's architectural-review denial of street-facing rooftop solar panels violated N.C.G.S. § 22B-20. Where the declaration did not exp…
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Bhogaita v. Altamonte Heights Condominium Ass'n, Inc.
Member win
— federal · Altamonte Springs · fair-housing
The Eleventh Circuit affirmed a jury verdict that the condominium association violated the federal Fair Housing Act and Florida's fair-housing statute by enforcing a pet-weight rul…
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Board of Directors of Winnitt Park Condominium Association v. Bourdage
Member win
— IL · Chicago · hearings
Under 765 ILCS 605/18.4(l), a condominium board may levy reasonable fines only after notice and an opportunity to be heard. The appellate court affirmed: Bourdage was not provided …
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Boca View Condominium Association, Inc. v. Lepselter
Member win
— FL · records
After the association denied counsel's request to inspect official records on a unit owner's behalf, arbitration and a trial-de-novo judgment held for the owners (including $500 st…
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Boucher v. 111 East Chestnut Condominium Association, Inc.
MIXED
— IL · Chicago · hearings
Section 18.4(l) requires notice and an opportunity to be heard before fines; notice must cover the charges the board actually considers. Evidence could support findings that the bo…
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Brooks v. Northglen Ass'n
MIXED
— TX · foreclosure-liens
Deed-restriction language prevails over Property Code chapter 204 where they conflict. Northglen could not accumulate unassessed annual increases in sections whose restrictions cap…
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Burkholder v. Palisades Park Owners Association, Inc.
Member win
— VA · architectural
Under then-effective Va. Code § 55.1-1805, an association could not fund lot-compliance inspections (including architectural-guideline checks of private lots) through assessments u…
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Burton v. Cravey
Member win
— TX · records
Condominium owners may enforce statutory books-and-records inspection by mandamus. Once the trial court found the association attorney's files relating to association business were…
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Burton v. Prince
MIXED
— TX · Houston · foreclosure-liens
After a bench trial, the trial court declared six condominium foreclosure sales improper and a nullity, held the trustee had no lawful power to sell, and voided the trustee's deeds…
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Castillo Condominium Ass'n v. U.S. Department of Housing and Urban Development
Member win
— federal · fair-housing
The First Circuit denied the condominium association's petition for review of a HUD Secretary final order and granted HUD's cross-petition for enforcement. Substantial evidence sup…
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Chateau Village North Condominium Ass'n v. Jordan
Member win
— CO · pets-animals
Where association rules allow pets only with written board permission—not a recorded absolute ban—the board must consider individual applications reasonably and in good faith. Deny…
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Coconut Key Homeowner's Association, Inc. v. Gonzalez
Member win
— FL · other
A mandatory injunction requiring the association to cure chronic flooding by complying with its surface-water management duties under the governing documents was affirmed after a j…
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Cohen v. Kite Hill Community Association
MIXED
— CA · architectural
VERIFY / DEMURRER REVERSAL — not a final merits finding of bad faith. An association reviewing a neighbor's improvement plans owes members a fiduciary duty to act in good faith and…
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Covenant Clearinghouse, LLC v. Kush and Krishna, LLC
Member win
— TX · fines
Label note: defendant is a private-transfer-fee payee/clearinghouse under a developer covenant, not an HOA board. The Fourteenth Court of Appeals held that a person who claims the …
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Curci Village Condominium Ass'n, Inc. v. Maria
MIXED
— FL · other
Verbal 'opinion' approval from a single board member/developer-president does not satisfy a declaration requiring prior written board consent, so estoppel did not support summary j…
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Damon v. Ocean Hills Journalism Club
Member win
— CA · speech-flags
Homeowner criticism of association management in a community newsletter and at open board meetings is protected petition/speech under California's anti-SLAPP statute. Board meeting…
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Dao v. Mission Bend Homeowners Association, Inc.
MIXED
— TX · hearings
Texas Property Code section 209.007's board hearing is mandatory when the owner is entitled to cure and timely requests a hearing, but noncompliance is not jurisdictional—abatement…
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Don Cesar Property Owners Corp. v. Gallagher
Member win
— FL · other
A covenant that property shall be 'for residence only' restricts use/occupancy mode, not building form, and does not by itself prohibit townhouse condominiums. Separately, the Seco…
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Double D Manor, Inc. v. Evergreen Meadows Homeowners' Ass'n
Member win
— CO · fair-housing
A covenant stating sites shall be 'for residential use only, with only one single-family dwelling permitted on any site' restricts structure type (single-family dwelling), not hous…
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Dover Village Association v. Jennison
Member win
— CA · Newport Beach · other
A condominium sewer lateral beneath the slab that connects a unit to the main line was common area the association must repair—not 'exclusive use common area' shiftable to the owne…
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Dreamland Villa Community Club, Inc. v. Raimey / Raimey v. Dreamland Villa Community Club, Inc.
Member win
— AZ · other
A generic majority-amendment clause cannot impose mandatory club membership and lienable assessments where original declarations described only lot-level use restrictions, there we…
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Dublirer v. 2000 Linwood Avenue Owners, Inc.
Member win
— NJ · Fort Lee · elections-meetings
The New Jersey Supreme Court held that a co-op House Rule banning solicitation or distribution of any written materials without board authorization violated the State Constitution'…
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Eikmeier v. Granite Springs Home Owners Association, Inc.
Member win
— MO · architectural
Missouri's solar-rights statute (§ 442.404.3) applies to covenants that existed before the statute's effective date; those covenants cannot be enforced to ban rooftop solar going f…
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Ekstrom v. Marquesa at Monarch Beach Homeowners Association
Member win
— CA · Dana Point · architectural
Lamden judicial deference does not protect a board policy that contradicts the plain CC&Rs. Marquesa's tree/view covenant required trees trimmed so they do not exceed house height …
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Elbadramany v. Oceans Seven Condominium Association, Inc.
Member win
— FL · fines
A condominium fine is not a "common expense" and cannot support a foreclosure lien against the unit—even if the declaration says fines are collectible like assessments. Fines punis…
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Fifty-Six Sixty Collins Avenue Condominium, Inc. v. Dawson
Member win
— FL · other
The association was estopped from enjoining balcony Rolladen shutters after the board approved that product for terrace installations, the building manager and vendor communicated …
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Forrest Lake Townhouse Association, Inc. v. Martin
Member win
— TX · speech-flags
The court affirmed summary judgment for homeowner Billy Martin, defeating the HOA's suit for damages and an injunction over his American-flag display. Martin had raised the federal…
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Fountain Valley Chateau Blanc Homeowner's Assn. v. Department of Veterans Affairs
Member win
— CA · Fountain Valley · architectural
The court held that a jury could find the association acted unreasonably by trying to micromanage a homeowner's interior housekeeping—including clutter, old clothes, and reading ma…
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Frankel v. Board of Managers of the Central Park West Condominium
MIXED
— NY · New York · records
A unit owner's cause of action to inspect condominium books and records survives a CPLR 3211 motion to dismiss when factual disputes remain about good faith/proper purpose and what…
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Garden Lakes Community Association, Inc. v. Madigan
Member win
— AZ · Avondale · architectural
Under A.R.S. § 33-439(A), deed restrictions that "effectively prohibit" installation or use of solar energy devices are void and unenforceable. Whether guidelines (as written and a…
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Gillebaard v. Bayview Acres Ass'n, Inc.
MIXED
— TX · other
Texas Property Code chapter 204 requires a due order of operations: a section 204.006 petition may be used solely to create and set operating terms for a property owners' associati…
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Golden Rain Foundation v. Franz
Member win
— CA · Seal Beach · records
Golden Rain Foundation, the nonprofit that holds Leisure World Seal Beach common facilities in trust and supplies management, accounting, and maintenance to the Mutuals, is an "ass…
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Governor's Ranch Homeowner's Association, Inc. v. Gunther
Member win
— CO · architectural
Colorado's solar-protection statute (§ 38-30-168) can cover an integrated rooftop system: if an evaporative cooler and solar collecting panels together constitute an integrated sol…
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Grand Oaks Homeowners' Association v. Leonpacher
Member win
— FL · other
Homeowners who obtain summary judgment against their HOA are prevailing parties entitled to reasonable attorney fees under § 720.305(1) and the declaration's fee clause. The trial …
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Green v. Lake Montowese Ass'n
MIXED
— MO · other
The court of appeals affirmed declaratory judgment that a $2,000 special assessment for a new subdivision water system was inequitable and null and void as applied to homeowners wh…
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Hamill v. Elmwood Park Homeowners Association, Inc.
Member win
— NY · elections-meetings
The Appellate Division affirmed an order compelling Elmwood Park to reschedule a board election under articles VII and VIII of its bylaws. The plaintiffs showed the bylaws had neve…
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Harkins v. Grant Park Association
MIXED
— MN · Minneapolis · records
Under Minn. Stat. § 515B.3-118, a common-interest association need not disclose every document it possesses, but must disclose all records it maintains that fall within the statute…
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Hidden Harbour Estates, Inc. v. Basso
Member win
— FL · architectural
Declaration restrictions enjoy a strong presumption of validity, but a board's discretionary denial of a requested use is measured by reasonableness: the board must allow the use u…
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Holiday Pines Property Owners Association, Inc. v. Wetherington
MIXED
— FL · other
Amendments to subdivision restrictions must be exercised reasonably so as not to destroy the general plan of development. The Fourth DCA held the 1983 amendments valid and enforcea…
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Hooker v. Autumn Hills Homeowners Association, Inc.
Member win
— MD · Waldorf · hearings
Unreported opinion: the circuit court abused its discretion in awarding roughly $22,200 in fines (plus attorney's fees) where the HOA failed to follow Declaration Art. VII section …
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Houston v. Wilson Mesa Ranch Homeowners Association, Inc.
Member win
— CO · rentals
The Colorado Court of Appeals held that short-term vacation rentals of a single-family home were not barred by covenants requiring residential use and prohibiting commercial or bus…
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Idaho AG settlements — Pristine Springs HOA; Armstrong Park HOA; Park Pointe Management Services
HOA loss
— ID · fines
The Idaho Attorney General announced court settlements after complaints that HOAs and a management company charged transfer fees never disclosed in governing documents, contrary to…
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Ironwood Owners Assn. IX v. Solomon
MIXED
— CA · other
Before an HOA may obtain a mandatory injunction compelling an owner act, it must prove it followed its own fair procedures and that its substantive decision was made in good faith …
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JBrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Association, Inc.
Member win
— TX · rentals
Neither the neighborhood deed covenants nor Property Code section 204.010(a)(6) authorized the HOA to impose a minimum rental term (here, barring leases under seven days). The cove…
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Kalway v. Calabria Ranch HOA, LLC
MIXED
— AZ · other
A general majority-amendment clause and a vague purpose statement ("protect value, desirability, attractiveness and natural character") do not give notice of unforeseeable new rest…
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Kenyon v. Polo Park Homeowners Ass'n, Inc.
Member win
— FL · other
A jury found that although the Kenyons violated subdivision covenants, the association had "unequally, arbitrarily, unreasonably, or selectively" enforced those covenants by tolera…
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Khodam v. Escondido Homeowner's Association, Inc.
Member win
— FL · other
A homeowner who obtains a jury finding that the association breached its declaration of covenants is the prevailing party for attorney fees and costs even when the jury awards $0 d…
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Kies v. Hollub
Member win
— FL · architectural
Architectural disapproval must not be arbitrary. Tennis-court lighting on an already approved court was not expressly prohibited by the restrictive covenants and could not reasonab…
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Kinnaird v. Morningview Homeowners Association, Inc.
MIXED
— GA · Suwanee · architectural
VERIFY / REVERSE SJ ONLY — not a final merits order that solar panels must be allowed. The Court of Appeals reversed summary judgment for the HOA in the Kinnairds' declaratory acti…
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Kosor v. Olympia Companies, LLC
MIXED
— NV · speech-flags
The Nevada Supreme Court reversed denial of homeowner Michael Kosor's anti-SLAPP special motion to dismiss a developer's defamation suit. Kosor's criticisms of Southern Highlands' …
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Laguna Royale Owners Assn. v. Darger
Member win
— CA · other
An association's transfer-consent power is not absolute: it must act reasonably, in a fair and nondiscriminatory manner—not through selective enforcement of transfer rules against …
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Lake Serene Property Owners Association Inc. v. Esplin
Member win
— MS · rentals
Short-term rentals through platforms such as Airbnb, VRBO, and HomeAway were residential uses under Lake Serene covenants that limited lots to residential purposes and barred trade…
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Li v. Pemberton Park Community Association
MIXED
— TX · Houston · fines
VERIFY / REMAND — not a final merits win on selective enforcement. The Texas Supreme Court held that pro se owner Li preserved her argument that enforcement was 'arbitrary, caprici…
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LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Association
MIXED
— CA · elections-meetings
PARTIAL — members lost Open Meeting Act merits but won fee/cost protection. The Court of Appeal held OMA suits are not 'actions to enforce the governing documents' for § 5975 fees,…
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Lone Mountain Shores Owners Association, Inc. v. Bennafield
Member win
— TN · rentals
Restrictive covenants are strictly construed against the party seeking to restrain use. Lone Mountain Shores' covenants defined single-family residential purposes and banned certai…
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Major v. Miraverde Homeowners Association
Member win
— CA · other
An association may not adopt rules that exceed the CC&Rs by stripping nonresident members of common-area recreational rights the declaration grants to all members. Miraverde's resi…
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Makar v. Mimosa Bay Homeowners Association, Inc.
Member win
— NC · Sneads Ferry · architectural
The declaration required ARC decisions by a multi-member committee; a single 'ARC chairman' could not validly deny a fence variance. Because no properly constituted ARC ruled withi…
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Manchester Oaks Homeowners Association, Inc. v. Batt
Member win
— VA · other
The Virginia Supreme Court held that common-area parking must be assigned equally among all lot owners unless the declaration expressly says otherwise. A later amendment trying to …
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Marino v. Clary Lakes Homeowners Association, Inc.
Member win
— GA · fines
The Georgia Court of Appeals held that a 2003 garage-use covenant requiring vehicles to be parked in garages was unenforceable against the Marinos. They never gave written consent …
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Matter of DiBella v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.
MIXED
— NY · records
Board members of a condominium/HOA have an absolute, unqualified right (rooted in director common-law inspection doctrine) to inspect association books and records needed to perfor…
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Matter of Healy v. Carriage House Condominium
Member win
— NY · New York · records
Unit owners' common-law books-and-records inspection reaches correspondence and settlement-process documents reasonably related to a proper investigative purpose. The First Departm…
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Mazdabrook Commons Homeowners' Association v. Khan
Member win
— NJ · Parsippany · speech-flags
The New Jersey Supreme Court held that an HOA near-total ban on residential signs—except 'For Sale' signs, and otherwise only with unguided board consent—violated the State Constit…
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McKeough v. Camelot Townhomes Association, Inc.
MIXED
— TX · El Paso · records
Texas condominium owners' books-and-records rights (Prop. Code / bylaws; Burton v. Cravey proper-purpose framework) cannot be wiped out on a no-evidence summary judgment when the o…
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McVicker v. Bogue Sound Yacht Club, Inc.
Member win
— NC · fines
The Court of Appeals held the association had no express or implied authority to demand a $250 refundable construction bond as a condition of architectural review of work on an own…
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Moran v. Oso Valley Greenbelt Association
Member win
— CA · records
After the 2001 remand held that denying Corporations Code § 8337 fees without explanation was an abuse of discretion once minutes were found 'wrongfully' withheld, the trial court …
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Moran v. Oso Valley Greenbelt Association
Member win
— CA · records
After the trial court found board minutes had been 'wrongfully' withheld and ordered production (denying the association's attempted $200 retrieval charge beyond copy costs), it st…
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Moretto v. Elk Point Country Club Homeowners Ass'n, Inc.
MIXED
— NV · Zephyr Cove · architectural
The Nevada Supreme Court adopted Restatement (Third) of Property: Servitudes §§ 6.7 and 6.9 and held that while Elk Point's bylaws gave the association express power to adopt desig…
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Moretto v. Elk Point Country Club Homeowners Association, Inc.
MIXED
— NV · Zephyr Cove · architectural
Nevada adopts Restatement (Third) of Property: Servitudes §§ 6.7 and 6.9: a common-interest association generally lacks inherent power to impose use/design restrictions on individu…
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Nevada RED Advisory Opinion 12-01-116 (Attorney Fees at Fine Hearings)
HOA loss
— NV · hearings
Division advisory interpretation: an association may not charge a unit owner attorney's fees for association counsel attending an NRS 116.31031 fine hearing. Exercising the hearing…
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Nolan v. Hunter
Member win
— TX · architectural
Evidence supported the jury's finding that an architectural control committee's response to the Hunters' fence plans was arbitrary, capricious, or discriminatory under Property Cod…
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Olson v. Pickett Downs Unit IV Homeowner's Association, Inc.
Member win
— FL · other
When an association sues a member on chapter 720 / declaration counts and loses those counts, § 720.305(1) requires prevailing-party attorney fees to the member on the Act-based cl…
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Palm Springs Villas II Homeowners Ass'n, Inc. v. Parth
MIXED
— CA · Palm Springs · other
The business judgment rule and a CC&R exculpatory clause do not entitle a director to summary judgment when triable facts show she failed to make reasonable inquiry. Corporations C…
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Palm v. 2800 Lake Shore Drive Condominium Ass'n
Member win
— IL · Chicago · records
Chicago's ordinance requiring condominium associations to allow unit owners to inspect financial books and records within three business days of a written request is a valid exerci…
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Pecchia v. Wayside Estates Home Owners Association, Inc.
MIXED
— FL · records
The appellate court reversed the trial court's finding that the HOA had sufficiently complied with Florida Statutes section 720.303(4) and (5) recordkeeping and inspection duties. …
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Phillips v. Rob Roy Homeowners Association, Inc.
MIXED
— TX · Austin · foreclosure-liens
The court reversed summary judgment for the HOA on judicial foreclosure and the related attorney-fee award, remanding those claims, while affirming other parts of the judgment. The…
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Pirman v. South Pointe of Tampa Homeowners Association, Inc.
MIXED
— FL · Riverview · fines
VERIFY ultimate fine merits — procedural/partial win only. The Second District reversed summary judgment for the association and remanded. The county court had dismissed Pirman's c…
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Plaza Del Prado Condominium Association, Inc. v. Richman
Member win
— FL · other
The association was estopped from forcing removal of nonconforming terrace railings where authorized sales personnel/developer approved the change at purchase, the owner's brother …
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Posey v. Leavitt
MIXED
— CA · architectural
VERIFY / REMAND on injunction remedy. A homeowner may sue directly to enforce the declaration and is not blocked merely because the association approved a neighbor's improvement. A…
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Prisco v. Forest Villas Condominium Apartments, Inc.
MIXED
— FL · other
VERIFY / REMAND to trial on selective enforcement. Summary judgment for the association enjoining Prisco's dog was reversed. Where the declaration bans all pets except fish/birds (…
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Rankin v. Covington Oaks Condominium Owners Association, Inc.
Member win
— TX · architectural
After a jury found Covington Oaks acted arbitrarily, capriciously, or discriminatorily in denying Rankin's and Farrer's requested attic insulation/radiant-barrier and dual fire-doo…
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Retzloff v. Moulton Parkway Residents' Association, No. One
MIXED
— CA · records
Civil Code section 5235(c) lets a prevailing association recover 'any costs' only if the member's records-inspection suit is frivolous, unreasonable, or without foundation—and 'any…
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Revock v. Cowpet Bay West Condominium Association
MIXED
— federal · fair-housing
Fair Housing Act claims survive a plaintiff's death under federal common law (section 1988(a) does not incorporate local abatement rules to kill FHA claims). On the merits, genuine…
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Riss v. Angel
Member win
— WA · Clyde Hill · architectural
The Washington Supreme Court held that a homeowners association may not use a general consent-to-construction covenant to impose restrictions more burdensome than the subdivision's…
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Ritchie v. Carriage Oaks Homeowners Ass'n, Inc.
MIXED
— FL · architectural
The declaration's fence covenants regulated height and street setbacks and vested prior written approval of walls/fences in the developer 'Mindich' (and successors), not automatica…
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Ruiz De Gamboa v. Newth Gardens Condominium Association, Inc.
MIXED
— FL · Boca Raton · records
PARTIAL / REMAND on the April 2018 request. Failure to make official records available within the statutory working-day window creates a rebuttable presumption of willful noncompli…
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Sainani v. Belmont Glen Homeowners Association, Inc.
Member win
— VA · architectural
The Virginia Supreme Court held that Belmont Glen's seasonal holiday-decoration guidelines were unenforceable because they exceeded the association's authority under its declaratio…
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Santa Monica Beach Property Owners Association, Inc. v. Acord
Member win
— FL · rentals
Short-term vacation rentals did not violate covenants requiring residential use and prohibiting business use where renters used the homes as places of abode (eating, sleeping, etc.…
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Scott v. Walker
Member win
— VA · rentals
The Scotts won. The covenant’s “residential purposes” language was ambiguous as to whether it barred short-term rentals; under Virginia law ambiguous covenants are construed strict…
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Seaman v. Heather Gardens Association
MIXED
— CO · records
Mixed / member-favorable on appeal, not a final trial win. As a matter of first impression, bank statements may be “[d]etailed records of receipts and expenditures affecting the op…
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Sharath Chandra, Administrator, Real Estate Division v. Cheyenne Park Villas Homeowners Association, Inc.
HOA loss
— NV · elections-meetings
After the association admitted the Division's factual allegations and violations, the Commission entered findings that Cheyenne Park Villas violated numerous NRS/NAC Chapter 116 du…
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Shields v. Andros Isle Property Owners Association, Inc.
Member win
— FL · other
Member-favorable in substantial part. Section 8 (“on any Lot”) does not reach signs inside a car; section 11’s ban on vehicles with “lettering or signage thereon” does not, as cons…
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Shorewood West Condominium Association v. Sadri
Member win
— WA · rentals
Sadri and Grazul won. Although a leasing restriction adopted under the statute can bind existing owners if properly adopted, a use restriction that appears only in bylaws—and not i…
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Steinberg v. Fiesta Homeowners Association, Inc.
MIXED
— FL · Margate · records
Mixed. Dismissal of Steinberg’s records suit affirmed because he did not make the § 720.311(2)(a) pre-suit mediation demand. The Fourth DCA did not decide whether a § 720.303 offic…
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Tarr v. Timberwood Park Owners Association, Inc.
Member win
— TX · San Antonio · rentals
Tarr won on the covenant-interpretation issue. Unambiguous Timberwood restrictions limiting tracts to residential purposes and single-family residences did not, by themselves, proh…
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That v. Alders Maintenance Association
MIXED
— CA · Irvine · elections-meetings
Mixed. That’s substantive election challenge was barred by the one-year statute of limitations (affirmance on limitations). Separately, the association’s ~$15,000 fee award was rev…
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The Estates at Layton's Lakes Homeowners Association, Inc. v. Watson
Member win
— NJ · architectural
The Appellate Division affirmed summary judgment for the owners. The declaration's fence-specific covenant (Section 8.1(c))—not a later, more general "accessory building/shed/exter…
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Tract 19051 Homeowners Assn. v. Kemp
Member win
— CA · other
Homeowner defendants kept their merits win and regained attorney fees. When a plaintiff sues to enforce CID-type restrictions under the Davis-Stirling fee statute, defendants who p…
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Tucson Estates Property Owners Ass'n, Inc. v. McGovern
MIXED
— AZ · Tucson · architectural
Mixed but member-favorable overall. On the merits path reflected in the opinion, TEPOA’s injunction and breach claims had already been decided for the owners. On appeal: A.R.S. § 1…
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Turtle Rock III Homeowners Association v. Fisher
MIXED
— AZ · fines
Mixed, and depublished. Injunction requiring property maintenance cleanup/repair was affirmed. Award of $3,850 monetary penalties and related attorney fees against Fisher was rever…
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Unit Owners Ass'n of Buildamerica-1 v. Gillman
Member win
— VA · fines
The Virginia Condominium Act authorized assessments for common expenses and lawsuits for damages or injunctive relief; it did not authorize a board to levy fines, penalties, or for…
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United States v. Aqua 388 Community Association
HOA loss
— federal · Long Beach · fair-housing
Association/management side lost. Liability for failure to provide a reasonable parking accommodation was established on partial summary judgment; the consent decree locks in injun…
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United States v. Creekside Condominium Owners Ass'n
HOA loss
— federal · pets-animals
HOA lost via consent order (no contested trial judgment on liability). Creekside agreed to pay $50,000, apologize in writing to the HUD complainants, adopt RA/assistance-animal pol…
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United States v. Fox Point at Redstone Association, Inc.
HOA loss
— federal · Park City · pets-animals
Defendants lost via consent decree. They agreed to pay Burton $20,000 and to implement FHA-compliant assistance-animal/RA policies without charging pet fees or requiring liability …
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United States v. Kailua Village Condominium Association
HOA loss
— federal · Kailua-Kona · fair-housing
Defendants lost via staged consent orders (no trial verdict). Combined monetary relief to the complainant totaled $162,500 across partial and final consent orders, plus injunctive …
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United States v. Kips Bay Towers Condominium, Inc.
HOA loss
— federal · New York · pets-animals
Condominium lost via public settlement. Kips Bay agreed to pay $125,000 total (damages and civil penalties) and to adopt a new RA policy covering assistance-animal accommodations—n…
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United States v. Philadelphian Owners Association
HOA loss
— federal · Philadelphia · pets-animals
Association lost via consent decree. Monetary package ($15k to complainant, $15k fund, $10k penalty) plus policy/training/reporting resolved the United States’ FHA disability claim…
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United States v. Rutherford Tenants Corp.
HOA loss
— federal · New York · fair-housing
Defendants lost via consent decree (no liability admission, no trial verdict). The decree provides major monetary consideration to Lesser, ends the related eviction/occupancy court…
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United States v. The Dorchester Owners Association
HOA loss
— federal · Philadelphia · fair-housing
HOA lost at trial (with a partial non-proof). Jury pattern-or-practice and individual FHA findings supported damages and injunctive relief; one complainant’s accommodation claim wa…
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United States v. The Links South at Harbour Village Condominiums Association, Inc.
HOA loss
— federal · Ponce Inlet · fair-housing
Association lost via consent order. It agreed to pay $40,000, grant the shoes-outside-door accommodation, adopt policies, train, and report—resolving the United States’ disability …
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United States v. Townhomes of Kings Lake HOA, Inc.
HOA loss
— federal · Gibsonton · fair-housing
HOA/manager lost via consent decree. They agreed to keep higher recorded occupancy limits, pay substantial monetary relief to the Tracey/Konash family and a victim fund, pay a civi…
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Villa Milano Homeowners Assn. v. Il Davorge
Member win
— CA · other
Association/homeowners side effectively won on the arbitration issue. The developer could not use a CC&R arbitration clause as a device to strip homeowners and their association of…
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Washington AG settlement with Hayden Homes / First Story (illegal private transfer fees)
HOA loss
— WA · fines
Builder/nonprofit side lost via AG settlement (assurance of discontinuance), not a court merits judgment. Hayden Homes must pay about $1.6 million restitution to fee-paying sellers…
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Watts v. Joggers Run Property Owners Association, Inc.
MIXED
— federal · West Palm Beach · other
Mixed / member-favorable appellate procedural win—not a final liability judgment. Dismissal reversed; Watts’s race-discrimination allegations regarding association services/facilit…
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Westgate Townhome Association v. Kirsch
Member win
— IL · hearings
Kirsch won. The association failed to prove the dog-urine violation and the reasonableness of the fine/charges used to support eviction-style nonpayment claims. Trial judgment for …
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Whalen v. 200 River Drive Condominium Association
MIXED
— MN · records
Mixed. Association kept summary judgment on challenges that would wipe out the special assessment, lien, and foreclosure as a matter of law. Owner kept alive (for trial/further pro…
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White Egret Condominium, Inc. v. Franklin
Member win
— FL · fines
Member-favorable result approved. Age restrictions in condominiums may be enforced if reasonably related to a lawful objective and not applied arbitrarily or discriminatorily—but o…
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Whitney Woods Homeowners' Association, Inc. v. Steagall
MIXED
— OH · Columbus · hearings
Mixed. Member-favorable piece preserved: weekly fines fell because the association did not provide the required opportunity to be heard. Association-favorable on appeal: Tenth Dist…
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Wilkinson v. Chiwawa Communities Association
Member win
— WA · rentals
Owners won. Short-term vacation rentals did not violate the pre-2011 covenants barring commercial use or limiting lots to single-family residential use. The association exceeded it…
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Wilson v. Playa de Serrano
Member win
— AZ · other
Wilson won. A bylaw amendment alone was insufficient to impose a 55-and-older occupancy restriction where the declaration did not grant that contractual right. Judgment for the ass…
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Wise v. Harrington Grove Community Association, Inc.
Member win
— NC · fines
Wises won. The Planned Community Act does not automatically grant an association authority to impose monetary fines for architectural-standard violations where the declaration lack…
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Wittenburg v. Beachwalk Homeowners Association
Member win
— CA · elections-meetings
Owners won. While an election is underway, if the board uses association media to advocate its viewpoint, it must give members with opposing viewpoints equal access to the same med…
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Worldmark, the Club v. Wyndham Resort Development Corp.
Member win
— CA · records
Member side won on the email/electronic-membership-list issue. If a membership record is maintained electronically, the corporation must produce it in electronic form or written fo…
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Young v. Tortoise Island Homeowner's Ass'n, Inc.
Member win
— FL · architectural
Youngs won. Architectural approval cannot be exercised arbitrarily or unreasonably. Without a recorded restriction, objective board rule, or de facto unified building scheme puttin…
Not a law firm. Not legal advice. Confirm every cite against the source opinion and current law. Walker-class fine-lien holdings are about fines — never a reason to withhold dues.