This week in HOA-ville: deferred condo maintenance, HOA lawsuits, and $500 recurring fines

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By Deborah Goonan, Independent American Communities (debgoonan@icloud.com) From negligence to abuse of power, highlights of recent reports on HOA life in the U.S.   HOA lawsuit, deferred maintenance make these North Myrtle Beach condos a tough sell (South Carolina) Tilghman Beach and Racquet (condo) Association has been embroiled in a lawsuit for the past three years. A group of seven owners of vacation condos is suing the HOA board, claiming the representatives of the association Continue ReadingThis week in HOA-ville: deferred condo maintenance, HOA lawsuits, and $500 recurring fines

FL law protects your rights to grow vegetables, but not if you live under HOA rules

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by Deborah Goonan, Independent American Communities Last month, Florida’s Legislature supported a bill that protects the rights of its residents to grow their own food — including front yard vegetable gardens. The victory was celebrated by gardening enthusiasts, especially those who prefer to eat organically-grown foods. The National Gardening Association, a strong supporter of Florida Senate Bill 82, estimates that nearly one-third of American households rely on homegrown vegetables, fruits, and herbs to drastically reduce Continue ReadingFL law protects your rights to grow vegetables, but not if you live under HOA rules

USSC rules in favor of property rights — how will this affect HOAs?

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By Deborah Goonan, Independent American Communities debgoonan@icloud.com Two June US Supreme Court decision in Knick vs. Township of Scott, Et.Al., and Manhattan Community Access Corp. Et al. Vs. Halleck Et al., shed light on Constitutional protections for land and homeowners. This post examines both in light of HOA issues. Knick Case overview The USSC overturned a 34-year-old legal precent, that, as the majority ruled, unfairly prevented American property owners from bringing “Takings” claims in federal court. Continue ReadingUSSC rules in favor of property rights — how will this affect HOAs?

No more religious discrimination: Feds to review Bay View’s home sales for 5 years

By Deborah Goonan, Independent American Communities Property owners who sued the Bay View Association on charges of religious discrimination in 2017 scored a victory this week.  A Department of Justice mediator hammered out an agreement with the community’s board of trustees, following HUD’s determination in February. As reported in February, HUD found that Bay View’s policy requiring new homeowners to be practicing Christians was a violation of First Amendment religious freedoms and the Fair Housing Continue ReadingNo more religious discrimination: Feds to review Bay View’s home sales for 5 years