Here’s why HOA statutory power to fine must be outlawed

Do we really need or want HOAs to be The Enforcers? Arizona Constitutional Rights advocate George K. Staropoli recently published a few posts on an important appellate court opinion in Turtle Rock III HOA vs. Lynne Fisher, involving a homeowners,’ condominium, or cooperative association‘s statutory right to impose monetary fines upon members who violate covenants, …

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HOAs struggle to pay for private dam repairs

By Deborah Goonan, Independent American Communities Summertime is high season for enjoying activities on the lake. But, in many private communities across the U.S., deteriorated dams can no longer safely contain waters of manmade recreational lakes. Most private lake communities are governed by recreation or lake associations through club memberships. Homes in many of these …

New details released surrounding NC HOA racial profiling incident

By Deborah Goonan, Independent American Communities Last week Jasmine Abhulimen, a North Carolina resident of Glenridge community, posted a video of one of then HOA board member Adam Bloom, who called the local police because he did not believe Abhulimen was a resident with the right to use the community’s private pool. Because she and …

More homeowners stand up against HOA bullies and abuse

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By Deborah Goonan, Independent American Communities Updated July 6, 2018   10:06 P.M. Continuing in the spirit of Independence Day, today’s post highlights three examples of homeowners fighting back against nasty neighbors and HOA board members. How do they do it? In all three cases, instead of cowering in fear, these homeowners expose abusive, HOA …

Is the tide turning with respect to private property rights of HOA residents?

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By Deborah Goonan, Independent American Communities This Independence Day, IAC reflects upon recent events that indicate that the courts and real estate developers are rethinking the management industry’s decades-old attempt at restricting property rights by way of restrictive covenants. Residents of property governed by homeowners’ associations are increasingly challenging the HOA’s rights to enforce restrictive …

HOA Common interest community real estate trends

Changes coming to HOA, condo neighborhoods The industry keeps trying to tweak the HOA, condo product. But do recent changes improve communities, or simply cause new problems? By Deborah Goonan, Independent American Communities Six new trends are likely to make homeownership more complicated, and less predictable than ever before. 1. Site Condominiums In Michigan, it …

Federal Housing Authority confirms investigation of Michigan HOA for religious discrimination

By Deborah Goonan, Independent American Communities   A federal lawsuit has prompted an investigation of Bay View Association, a seasonal community in Michigan, whose board recently enacted a policy requiring all of its property owners to be practicing Christians, affiliated with a church. See this AP news release: Feds investigate Michigan resort community that requires …

Will IJ victory in Pagedale class action lawsuit lead to protection of rights for HOA residents?

Institute for Justice recently filed a similar federal against Doraville, Georgia Both lawsuits aimed at upholding Constitutional protections for residents Commentary By Deborah Goonan, Independent American Communities Institute for Justice has recently scored a legal victory for victims of abusive nuisance fines and code enforcement by the small town government of Pagedale, Missouri. A similar …

Should homeowners shift from voluntary to mandatory HOA?

By Deborah Goonan, Independent American Communities Today’s feature article caught my eye because, in the past year, I’ve heard from several homeowners concerned about the possibility of their voluntary homeowners’ association converting to a mandatory HOA. John Romano’s column in the Tampa Bay Times features Venetian Isles, St. Petersburg, Florida. The 50+ year-old waterfront neighborhood …

IL: Appellate Court opinion upholds rights of condo, HOA residents

In Illinois, First Amendment protections cannot be denied by governing documents By Deborah Goonan, Independent American Communities   Justice P. Scott Neville, Illinois Appellate Court (First District, Second Division) recently overturned a Cook County Circuit Court ruling against a condominium owner, and issued a court Opinion that acknowledges First Amendment rights of residents in condo …