News & Analysis as of

Restrictive Covenants Homeowners Association (HOA)

Parker Poe Adams & Bernstein LLP

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

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

Amundsen Davis LLC

Ruffled Feathers: HOA Restrictions on Raising Chickens

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On July 12th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner...more

Amundsen Davis LLC

Private Requirements for Short-Term Rentals

Amundsen Davis LLC on

Short-term rentals of property, including, rentals for as short of time as on an hourly basis, are increasing in frequency around the country. The character of a community can be dramatically altered by such rentals and cause...more

Lasher Holzapfel Sperry & Ebberson PLLC

Is Your Homeowners Association Limiting Short-Term Rentals Within Your Planned Community – and if Not, Should They?

With the rise of planned communities in Seattle, it is becoming more and more common for properties to be organized and operated as a Homeowner Association (“HOA”). An HOA is typically form as a separate entity with the...more

Ward and Smith, P.A.

Installation and Use of Solar Power Systems in North Carolina

Ward and Smith, P.A. on

If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so.  But, can an HOA...more

Amundsen Davis LLC

Missouri Legislature Addresses Solar Panels: Changes Coming for Homeowner Associations

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The right to use solar energy has long been considered a property right in Missouri. See Section 442.012 RSMo. Even though the right to use solar energy is a property right, it may be subject to restrictive covenants, just...more

Cranfill Sumner LLP

HOA Restrictive Covenants Impacts

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The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 1: ADA Considerations

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Most residential homeowners and condominium associations have restrictive covenants or rules regulating the size, number or types of pets owners may keep in their residences. Some associations may prohibit pets in the common...more

McGlinchey Stafford

Is the Tide Shifting on Hunstein?- The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more

Jaburg Wilk

Can Your HOA Say No to VRBO?

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In the not-so-distant past, if you wanted to get from one place to another without a car of your own, you would call a taxi, with your only choice being which of the many taxicab companies to call upon. Now, of course,...more

Greenberg Glusker LLP

CC&R You Kidding Me?: CA Appellate Court Rules Earlier Court Misread Restrictive Covenant Prohibiting Alterations to Existing...

Greenberg Glusker LLP on

In recent years Los Angeles has experienced an unprecedented wave of mega-mansion development, which has inevitably changed the aesthetic and character of some of the city’s most iconic neighborhoods. In turn, some residents...more

Ward and Smith, P.A.

Rental Rebellion: New Bill Would Change the Leasing Landscape in Planned Communities

Ward and Smith, P.A. on

The battle between "pesky, disrespectful, transient tenants," and "overbearing, Big Brother community associations" may be heating up in North Carolina, thanks to a bill filed at the General Assembly this week....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

Ward and Smith, P.A.

We Want Our Neighborhood Back: A North Carolina Homeowners Association's Guide to the Use and Enforcement of Rental Restrictions

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Lending you a cup of sugar, offering to watch the kids, or grilling out on a summer afternoon— whatever the activity, our neighbors are a key part of what makes our communities familiar and unique. Neighbors help make a...more

Ward and Smith, P.A.

Residential Planned Communities and Condominiums: Changing the Rules After the Game has Begun

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As Americans, it is in our nature to always look for ways to improve anything and everything affecting our lives, including the cars we buy, the food we eat, and yes, even the organizations to which we belong. It's no wonder...more

Ward and Smith, P.A.

Restrictive Covenants: What Are They And Why Should You Care?

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Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more

Snell & Wilmer

CC&Rs Remain Subject to Statutory Modification

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Future legislation may impact current CC&R obligations. In an important decision for all communities, homeowner associations, builders, and developers, the Arizona Court of Appeals recently held that new laws may apply...more

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