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September 12, 2012

Courts Tend to Side with Homeowners Associations on Disputes, Says Jon Bomberger

Jon Bomberger discussed a case with The Indiana Lawyer in which the Indiana Court of Appeals ruled against a resident who had ceased to pay his homeowners association dues as a result of deteriorating conditions at Country Squire Lakes Community in Jennings County, Indiana. He explained that the courts are hesitant to interfere with these contracts unless the circumstances have drastically changed and defeated the entire purpose of the association because the courts view the covenant between the association and the property owner as a private contract.