MI House bill would nullify condo bylaws with respect to membership vote to commence lawsuits

By Deborah Goonan, Independent American Communities   Should a condo board have sole authority to initiate lawsuits on behalf of co-owners of the association? Specifically, should a condo board be required to obtain a vote of co-owners in the association prior to either: suing a member for covenant violations or commencing litigation against a developer …

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MA: Important legal victory for condo homeowners dealing with shoddy construction

Developers cannot shield themselves from liability for construction defects by limiting right to sue   By Deborah Goonan, Independent American Communities   For the past several years, I have written dozens of posts about construction defect claims brought by homeowners and condo associations. Many IAC posts highlight the fact that developers and home builders attempt …

How safe and secure are HOA gated communities?

By Deborah Goonan, Independent American Communities   Today’s post features two upscale private communities in Texas. Champion Lakes Estates HOA President, Darryl King, tells ABC13 that he and his neighbors are “shook up” following daytime assault and robbery in the gated community, not to mention frightening news of the torture and murder of two residents in a …

City of Chicago seeks to undo state law pertaining to records requests made by condo owners

By Deborah Goonan, Independent American CommunitiesNow here is a prime example of the uphill battle of enacting and maintaining consumer-friendly legislative reform of association-governed common interest communities. In 2017, Illinois enacted Act 100-0292, a small but important positive step for housing consumers. The state law requires association-governed communities to provide, upon member request, a list of …

Condo owners to pay $145K special assessment to fund $5.2M renovation

By Deborah Goonan, Independent American Communities Imagine scraping together the down payment to buy a half-million dollar condo, only to be hit with a $145,000 special assessment a year later. That’s the nightmare for several homeowners in Pinnacle Condominium Association, a 36-unit, 8-building complex in San Rafael, originally constructed in 1980, managed by RealManage. According …

AZ Legislator withdraws HOA foreclosure bill

By Deborah Goonan, Independent American Communities   UPDATE: It appears that a public awareness campaign and significant media coverage has prompted Arizona Senator John Kavanagh to withdraw SB1080, the bill that would have made it even easier for an HOA to foreclose. If you missed the orginal post explaining SB1080, it’s reposted below. State senator …

What is the root cause of HOA dysfunction?

By Deborah Goonan, Independent American Communities     To solve any problem, it helps to identify its cause or causes. So as we attempt to tackle social and economic problems plaguing many of our association-governed, common interest communities, we need to look beyond the increasingly obvious abuse and HOA horror stories, and recognize that we …

Iowa condo owners begin recovery process after second major fire in less than a decade

By Deborah Goonan, Independent American Communities   The Urbandale Patch reports that a massive New Year’s Day fire has destroyed half of 36 units in a condominium apartment building. Fortunately, there were no injuries or fatalities. Property damages are substantial, however, as illustrated by this video. In addition to fire damage to approximately 18 units, …

Private property rights should trump developer’s right to control communities

Why does U.S. housing policy allow developers to control the future of millions of property owners and residents in homeowners, condominium, and cooperative associations?   By Deborah Goonan, Independent American Communities Check out my link below to today’s post from the Admin of the Build a Better Diamondhead Facebook page. Diamondhead, Mississippi, has been incorporated as a …

AZ Legislator wants to make it easier for HOAs to foreclose

By Deborah Goonan, Independent American Communities In 2017, I posted an article highlighting The Arizona Republic investigation of a sharp increase in foreclosures by homeowners and condominium associations. In The Arizona Republic article, Attorney Jonathan Dessaules blamed the spike in HOA, and condo association foreclosures — a record of 330 within one year — on opportunistic …