Category Archives: Civil Liberties

How your HOA can kill your home-based child care business

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By Deborah Goonan, Independent American Communities   Last week I posted a legislative update of new HOA, condo, and co-op statutes in Virginia. One of those bills H1853, recently enacted amended the home-based business provisions related to association-governed, deed restricted communities. Today I’ll clarify my previously stated opinion, and explain why I doubt that newly enacted amendments will effectively prevent HOAs from shutting down in-home child day care services.   Overview of H1853 (2019) Here’s Continue ReadingHow your HOA can kill your home-based child care business→

Montana HOA legislation protects private property rights

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By Deborah Goonan, Independent American Communities Updated April 19, 2019 This week, Montana Senate Bill 300 passed both chambers of the state Legislature, as amended. Introduced by Senator Kenneth Boger (R), SB0300 upholds “use” rights of property owners in HOA-governed communities. The bill begins as follows: Section 1. Homeowners’ association restrictions — real property rights. (1) (a) A homeowners’ association may not enter into, amend, or enforce a covenant, condition, or restriction in such a Continue ReadingMontana HOA legislation protects private property rights→

Virginia HOA, condo, co-op legislation – transparency and property rights (April 2019)

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  By Deborah Goonan, Independent American Communities According to several new state laws, Virginia HOAs and condominium associations will be required to provide greater transparency to homeowners and homebuyers. Developers must also make POAs aware of all common stormwater facilities. And CC&Rs and can prohibit home based child care businesses. No more special assessment surprises Virginia already boasts one of the country’s more stringent home buyer disclosure packets from sellers of HOA-governed property, including a Continue ReadingVirginia HOA, condo, co-op legislation – transparency and property rights (April 2019)→

New Jersey HOA, condo law will impact assessment liens, priority, & homeowner rights

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By Deborah Goonan, Independent American Communities The New Jersey Legislature recently passed important amendments to condominium and homeowners association lien priority law. If signed by Governor Murphy, condo associations will gain greater access to past due assessments, and HOAs in planned communities will be able to claim priority lien status for the first time. Cooperative associations will not be subject to priority lien status. Read Assembly Bill A5002. (Senate Bill S3414 merged with A5002)   Continue ReadingNew Jersey HOA, condo law will impact assessment liens, priority, & homeowner rights→