Category: Constitutional & Civil Rights

Two keys to ending HOA abuse

August 22, 2017

By Deborah Goonan, Independent American Communities Several months ago, inspired by offline discussions about the root causes of dysfunction and abuse in association-governed communities, I published Recipe for HOA abuse: too much power, no accountability here on IAC. At the time, several states were considering numerous legislative proposals aimed at holding homeowner, condominium, and cooperative associations … More Two keys to ending HOA abuse

Do HOAs have too much power?

August 21, 2017

By Deborah Goonan, Independent American Communities   Do homeowner, condominium, and cooperative associations have too much power over community association members and residents? Readers will most likely answer that question with an emphatic “Yes,” after reviewing the following collection of recent news reports. And these examples of HOA abuse are by no means isolated or … More Do HOAs have too much power?

Can Chicago homeowners override condo board’s $500K special assessment?

August 18, 2017

By Deborah Goonan, Independent American Communities CORRECTION: I received the following statement from Michael Novak, with regard to the Fair Housing lawsuit:  The federal judge actually gave approval that the federal fair housing case can move forward (after motions to dismiss were ruled on) on September 15, 2014, or almost 3 years ago. We’ve been … More Can Chicago homeowners override condo board’s $500K special assessment?

A partial victory for free speech in community associations (HOAs)?

August 6, 2017

Are residents of homeowner, condominium, and cooperative associations entitled to protection of First Amendment rights in Florida?   By Deborah Goonan, Independent American Communities A recent Florida court opinion involving free speech rights in association governed communities is making its way around social media. The applicable case involves an Appellate Court opinion in Fox v. … More A partial victory for free speech in community associations (HOAs)?

Poinciana: Developer maintains control of HOA following State ordered election

August 4, 2017

By Deborah Goonan, Independent American Communities Residents of Poinciana, a Census Designated Place governed by one of the country’s largest homeowner associations, were hopeful that a recent Arbitrator’s order to conduct a new election would result in more homeowner representation on their Village and Master Association boards. Those hopes were crushed on August 1st, when … More Poinciana: Developer maintains control of HOA following State ordered election

Update: NV Supreme Court rules in favor of GSE loan servicers

August 3, 2017

By Deborah Goonan, Independent American Communities Real estate auction investors who purchased hundreds of properties at HOA foreclosure sales for pennies on the dollar are reeling at this latest Supreme Court ruling in Nevada. In 2014, Nevada Supreme Court ruled that an investor who purchases an HOA foreclosure can wipe out the first mortgage by … More Update: NV Supreme Court rules in favor of GSE loan servicers

FEMA assistance bill for HOAs in Congress: Is it fair?

August 1, 2017

By Deborah Goonan, Independent American Communities For several years, trade group Community Associations Institute (CAI) has been working with Congressional Representatives to attempt to push through federal legislation that puts private communities – homeowner, condominium, and cooperative associations – on par with publicly governed communities and private residences when it comes to receiving FEMA funds for … More FEMA assistance bill for HOAs in Congress: Is it fair?

HOA, Condo, Co-op legislation highlights (July 2017)

July 30, 2017

By Deborah Goonan, Independent American Communities California   SB-407: Common interest developments: noncommercial solicitation. (July 18) The bill has passed the Assembly and is now in the Senate. CA SB 407, as amended, clarifies that a common interest community’s governing documents may not prohibit a member’s right to “peacefully assembly and freely communicate” on association … More HOA, Condo, Co-op legislation highlights (July 2017)

Why do HOA residents rarely organize and fight back against injustice?

July 27, 2017

By Deborah Goonan, Independent American Communities The latest association-governed common interest community (HOA) industry PR effort that appears to be news – but is not news – is a report from WBTV in Charlotte, North Carolina. The gist of this report is that, when your HOA is non-responsive, read your governing documents, organize a group … More Why do HOA residents rarely organize and fight back against injustice?

Does your HOA, condo association discriminate?

July 19, 2017

  By Deborah Goonan, Independent American Communities   The origins of early planned and private communities of the 20th century were rooted in principles of exclusive accommodations for the privileged class. When developers started mass producing housing for the middle class following World War II, neighborhoods became more segregated by race and social class, mainly … More Does your HOA, condo association discriminate?