💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DeidreB (Virginia)
Posts: 113
Posted:
Hello, a long time ago I recall someone posting a very helpful post on how to find past legal cases on the internet. After much searching, I cannot find it. Does anyone have info if I wanted to search for cases on let's say covenants, or community associations, or some other real estate topic? Thank you.
ElleN (Idaho)
Posts: 4,420
Posted:
1.
To keyword search all the case law (meaning appellate court decisions) in Virginia that mentions say the Virginia Property Owners' Association Act, type the following in the google search bar:

"property owners' association act" site:https://law.justia.com/cases/virginia/

Be aware that what the case law offers are general "rules of law. Most importantly, most importantly the case law helps one to understand //how// the courts think about the law and particulars of a situation. One of the biggest mistakes laypeople make when they read the case law is thinking that they have found something that "proves" they can win a case. By contrast, the best attorneys will emphasize to their clients that there is no such thing as a slam dunk.

2.
Go to a Law Library. Ask for the "Restatement (Third) of Property (Servitudes)." The Restatement has a section on "Common Interest Communities." This section can help introduce a person to the general principles of law that the courts are applying nationwide to HOA and condo situations. It is easy reading but in no way will do anything more than help prepare a person for a meeting with an attorney.

The Restatement is a compilation of case law nationwide. It summarizes trends in the courts and is regularly updated. Along with a summary of the law nationwide, the Restatement cites specific case law, state by state, on each topic it treats.
SheliaH (Indiana)
Posts: 6,964
Posted:
I was just thinking ElleN, you often do a great job in finding state law and breaking it down. Tim has written a nice overview of the hierarchy of HOA documents vs. state, federal and local law, and reserve studies - ever think of posting some of your tips (besides what you've written her) on how people can search for HOA law on their own state? That could be a great resource for people and depending on the subject line, they could find it quickly in a search

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Hi Shelia,

What I have observed: Sometimes posting state statutes helps an OP. But then often a few days or weeks later, the same person will start another thread; the state statute is relevant; and they demonstrate they have not even checked the statute. Rinse and repeat the next week, with the same person.

I know the nature of learning is that people have to see a concept a few times times before the concept sinks. Still.

I think just getting people to read their covenants and bylaws, and getting them to not assume and instead ask questions when they do not understand something, is difficult.

I know there is the occasional "success story," where substantive learning has taken place. Readers here see a person's comprehension evolving, in a good way.

For many people who come here, if all they take from the forum is better writing skills (as they communicate with their boards or manager), then this is //a lot.// I think a lot more learning goes on with those little sample letters I post than with the links to statute sections.

If I thought a guide like you describe would help, then I would do it. But I am afraid I am not convinced it would help.

DeidreB (Virginia)
Posts: 113
Posted:
ElleN -- thank you so much for your very helpful answer. I hope to educate myself on a tough real estate issue (thankfully not HOA related but covenants COULD come into play). In addition to better understanding my issue, I hope to use this research to backtrack into a good lawyer who has won cases like mine so hopefully I wont have to go to court at all. Really appreciate it!
DeidreB (Virginia)
Posts: 113
Posted:
ElleN -- thank you so much for your very helpful answer. I hope to educate myself on a tough real estate issue (thankfully not HOA related but covenants COULD come into play). In addition to better understanding my issue, I hope to use this research to backtrack into a good lawyer who has won cases like mine so hopefully I wont have to go to court at all. Really appreciate it!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It should be noted that HOA issues are NOT Real Estate ones 90% of the time. They are corporations. Your dealing with rules and laws.

Former HOA President

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here