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Parker Poe Adams & Bernstein LLP

North Carolina Court of Appeals Refuses to Enforce 'Unreasonable' Amendment to Restrictive Covenant Prohibiting Short-Term Rentals

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The North Carolina Court of Appeals waded into territory that has become increasingly challenging for developers and homeowners' associations (HOAs) to navigate: the regulation of short-term rentals....more

Patton Sullivan Brodehl LLP

“Business Judgment Rule” Applies to HOAs

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California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the...more

Snell & Wilmer

Recording “Un-Neighborly” Documents

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In September 2018, in Baumgartner v. Timmins, 245 Ariz. 334, 429 P.3d 567, the Arizona Court of Appeals provided further clarification on what constitutes an “encumbrance” on a property for purposes of Arizona’s statutory...more

Patton Sullivan Brodehl LLP

CC&R “Subordination” Provisions and Lien Priority

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In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule, different liens on the same property have priority according to...more

Allen Matkins

Does The Business Judgment Rule Extend To A Board Interpretations?

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The California Supreme Court has adopted a rule of deference to most decisions made by community association boards...more

Snell & Wilmer

Court Addresses HOA Attempt to Restrict Short Term Rentals

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In a recent case, the Texas Supreme Court addressed an attempt by a homeowners’ association (“HOA”) to restrict short-term rentals based upon recorded Covenants, Conditions, and Restrictions (“CC&Rs”) applicable to a...more

Womble Bond Dickinson

No Good Deed Goes Unpunished

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Discovering the origin of the aphorism that “No Good Deed Goes Unpunished” is difficult, but understanding its meaning is instantaneous. When doing a good act, do not expect a reward. In fact, the “reward” may be a...more

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