Summary Each owner of a lot in a planned community with multiple subdivisions was required to be a member of the master association – Holly Lake Ranch Association (HLRA). Some of the owners voted to amend their particular subdivision’s respective deed restrictions. The effect of which was to add a voting requirement for assessments, mandatory […]
Developers of condominium communities and HOAs often reserve access easement rights within the Declaration/Deed Restrictions for the subdivision, especially when the Developer owns yet-undeveloped neighboring property. But what happens if the Developer forgets to reserve such easement rights specifically within the Declaration or Deed Restrictions? A recent case explores this dilemma, and at least in
HOAs Unite! Developer’s Easement Rights are Not Never-Ending Read More »
Facts In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association. The restrictions had been recorded in 1981. The letter stated that the kennel constituted a “noxious or offensive activity.” Defendants tried sound proofing the kennel in response. Plaintiff’s then sued
GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE Read More »
Facts Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney fees for violation of the Civil Rights Act. Association counter sued alleging breaches of deed restrictions. Plaintiff is a sober living residence for individuals recovering from alcoholism and drug addiction.
Can a Group Home be Built in a Single Family Association under the FHA – YES Read More »
Facts The dispute in this case centered on what rights owners of lots that did not have frontage on a lake (“Non-Lake Lot Owners”) had to place a dock in the lake based on the restrictive rights for their homeowner’s association (“HOA”) which were recorded in 1922. The HOA consisted of 146 lots. All Non-Lake
HOAs & Riparian Rights-Can I Put a Dock Here? Read More »
Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips. Lot 2 was contracted to be sold first and it included a driveway easement on Lot 1 and Slip A (the one with the boat lift). When Lot 2 was deeded, however, Slip C was on
Driveway Easement and Boat Slips – Expensive Fighting Read More »
