News & Analysis as of

Homeowners Association (HOA) Appellate Courts

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

McGlinchey Stafford on

Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

McGlinchey Stafford

California Court Upholds Coastal Commission’s Denial of HOA Seawall Permit

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On December 12, 2024, the Court of Appeal of the State of California reversed a writ of mandate and agreed with the California Coastal Commission’s (CCC) denial of a permit by the Casa Mira Homeowners Association for coastal...more

Adams & Reese

Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit

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A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in...more

McGlinchey Stafford

When does a plaintiff have a right to a jury trial under the CSPA? - McGlinchey Commercial Law Bulletin

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Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more

Snell & Wilmer

Colorado Court of Appeals Places Significant Implied Warranty Liability on Residential Developers and Builders

Snell & Wilmer on

The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the...more

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