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real estate disputes Archives

HOA relents in dispute with mother of autistic child

California residents who live in a homeowners association may know what its like to be in a dispute with the board. One woman was threatened with a fine for shining blue lights to raise awareness about autism. The woman has a 19-year-old son with the condition, and she says that the blue lights have been shining outside of her home for years during the month of April.

HOA wants man to remove patriotic display from yard

A sculpture handmade by an artist in California is at the center of a homeowners association dispute in Delaware. The man's HOA wants him to remove a patriotic symbol, a life-size bronze eagle, from his yard. The former U.S. Army MP says he has dozens of eagles inside of his home, but it's the one on display outside that has ruffled some feathers.

Judge overturns Christmas light display HOA dispute verdict

Many California homeowners' association members are aware of the possibility of getting into ongoing disputes. This is what happened with an Idaho man who claimed his HOA discriminated against him because of an elaborate Christmas lights display. Previously, the man was awarded $75,000 in damages. However, that ruling has been overturned by a federal judge. He will now receive $4 for compensatory and punitive damages. He must also cover the HOA's legal fees.

What to know about installing a fence

California homeowners will want to make sure that they consider their neighbors before putting up a fence. This means ensuring that the fence meets zoning requirements and is entirely within the owner's property line. It can also be a good idea to explain to a neighbor why the fence is being installed. Those reasons could include to add privacy, to keep a pet from running off, or to enhance the look of a backyard.

HOA dispute causes parties to spend $1 million

It isn't uncommon for those who live in homes controlled by homeowners associations to have disputes with that association on occasion. This happens often in California and around the country. However, one legal dispute between a homeowner and Avignon Villa Homes in Kansas has cost the two sides about $1 million collectively. The dispute started over the placement of a satellite dish as well as a decorative wall.

Man resumes HOA flag dispute after 2 decades and wins

The desire to promote certain aesthetics and maintain property values motivates homeowners associations throughout California and the rest of the country to establish by-laws. One man who ran afoul of by-laws prohibiting a flag pole in his front yard over 20 years ago won his battle on a second attempt.

Water damages and resultant neighbor disputes

As many of the citizens of California might have experienced first-hand, runoff water can be devastating to a house. Moreover, if a homeowner's property was damaged as a result of runoff water coming from the neighbor's land, disputes are bound to arise. That being said, it is worth bearing in mind that the law will consider neighbors legally liable for the damages only when they have landscaped their land and this alteration has influenced the path of the runoff water.

HOA restrictions can be burdensome

For many California residents, home ownership continues to rank high on the list of what it means to live the "American dream." The sense of pride in ownership coupled with the security of having one's own refuge from the world can, however, be challenged if a dispute arises between the homeowner and the homeowners association. The biggest area of controversy regularly revolves around choices a homeowner makes or wishes to make regarding architectural or landscaping changes. Although membership in an HOA is not voluntary, there are rights a homeowner retains and options that may be pursued when problems arise.

Man battling HOA blames harassment on racial discrimination

Homeowners' associations govern communities throughout California, and their covenants and rules sometimes inspire legal battles. A man living in one in another state has been battling his HOA for two years. His latest motion filed with his local court demands dismissal of the HOA's case. He also wants $1 million in damages for racial discrimination and family stress.

Lawsuit filed in American flag HOA dispute

Many California residents choose to live in planned communities with strict homeowner association rules covering issues ranging from the color of front doors to what type of vehicle owners can park in their driveways. These rules are designed to protect property prices and prevent unruly property owners or tenants from disrupting the community, but they sometimes prompt bitter disputes and protracted legal battles.