Does HUD’s new harassment rule make HOAs, condos, co-ops state actors?

By Deborah Goonan, Independent American Communities George Staropoli published a fascinating and important blog this week, entitled We don’t want no stinkin’ government protection for HOA members. It is well worth reading and commenting. You can do so here: https://pvtgov.wordpress.com/2017/04/18/we-dont-want-no-stinkin-government-protection-for-hoa-members/ In his blog, regarding a recent newsletter from a California HOA attorney, Staropoli ponders: This … More Does HUD’s new harassment rule make HOAs, condos, co-ops state actors?

The Great HOA Divide

By Deborah Goonan, Independent American Communities Every day I read dozens of reports of conflict and division in association-governed, common interest communities. None of it surprises me anymore. The pattern of behavior and the nature of these fights is disturbingly predictable. Some experts in the industry blame frequent conflict on a few selfish people, those … More The Great HOA Divide

What can be done about HOA dysfunction?

By Deborah Goonan, Independent American Communities After listening to residents, and reading and learning about issues affecting association-governed common interest communities for more than five years, as well as writing about them for almost three years, something very important is happening. Finally, people are starting to discuss possible solutions to problems and alternative housing models. … More What can be done about HOA dysfunction?

In search of equality: are HOAs businesses or not?

By Deborah Goonan, Independent American Communities HOA Industry’s point of view is inconsistent, in light of its legislative quest for equal access to FEMA disaster relief. Once again, the industry is exposing its tendency to promote a double standard with regard to homeowner, condominium, and cooperative associations. Community Associations Institute (CAI) is notorious for being … More In search of equality: are HOAs businesses or not?

What can be done about unconstitutional clauses in HOA CC&Rs?

By Deborah Goonan, Independent American Communities Last week, George Staropoli addressed the important issue of Covenants, Conditions, and Restrictions (CC&Rs) as adhesion contracts. In his blog entitled Are CC&Rs unenforceable adhesion contracts?, George references case law with regard to CC&R contracts commonly used in homeowners associations. As examples, he provides excerpts of the written opinions of Judges … More What can be done about unconstitutional clauses in HOA CC&Rs?

NV Supreme Court finds HOAs have no obligation to uphold Constitutional property rights

By Deborah Goonan, Independent American Communities   The court has ruled that the HOA is not a state actor   Property owners in Association Governed Communities face another assault on their rights in the form of the HOA priority lien. According to a recent report in the Review Journal, the Nevada Supreme Court issued a … More NV Supreme Court finds HOAs have no obligation to uphold Constitutional property rights

HOA – COA Manager’s column bashes use of social media

By Deborah Goonan, Independent American Communities Wow. Every once in a while I read an article about association-governed communities that is really nothing more than marketing hype and public relations for the industry. I hesitate to share these articles, because, in one way, it just spreads the propaganda. But, on the other hand, the only … More HOA – COA Manager’s column bashes use of social media

Recent amendment to Michigan HOA bill prevents suing developer for construction defects

By Deborah Goonan, Independent American Communities Who should have the power to decide whether or not to pursue litigation against a condominium developer for defective construction of common property: the condominium association’s board of directors or the entire membership, based upon a two-thirds vote of approval? That is the crucial question currently under consideration by … More Recent amendment to Michigan HOA bill prevents suing developer for construction defects

Do Missouri’s latest HOA bills really protect homeowner rights?

By Deborah Goonan, Independent American Communities One of Missouri’s latest bills affecting homes associations, SB 398, has been dubbed by State Senator Gary Romine (R)  as the Missouri Homeowners’ Bill of Rights.  Ironically, the title of SB 398 serves as a stunning admission by Community Associations Institute (CAI), a trade group that strongly supports the … More Do Missouri’s latest HOA bills really protect homeowner rights?