Two U.S. citizens score important court victories related to HOAs

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By Deborah Goonan, Independent American Communities debgoonan@icloud.com A Nevada HOA cannot reverse negligent misrepresentation verdict, and a federal court upholds First Amendment rights of the public on private streets. Nevada Supreme Court rules in favor of homeowner, affirms 2017 jury verdict of ‘negligent misrepresentation’ against HOA In 2003, Jonathan Friedrich purchased a home in the Rancho Bel Air neighborhood of Las Vegas. At the closing, the homeowner was presented with a copy of Covenants,   Continue ReadingTwo U.S. citizens score important court victories related to HOAs

HOA, condo & co-op case law and litigation highlights (Fall 2019)

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By Deborah Goonan, Independent American Communities   The courts weigh in on excess HOA foreclosure sale proceeds, HOA assessments as consumer debts, disclosure document fees, HOA election bylaws, and CC&R amendments. Arizona Court rejects investor’s claim for excess sale proceeds following HOA foreclosure An investor, Patterson Commercial Land Acquisition & Development, LLC, purchased a home for $42,000 at an HOA foreclosure sale, paying off a $14,000 HOA lien. Incredibly, Patterson then filed a claim to Continue ReadingHOA, condo & co-op case law and litigation highlights (Fall 2019)

Dysfunction in HOA-ville USA (November 2019)

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By Deborah Goonan, Independent American Communities debgoonan@icloud.com Today’s HOA news roundup highlights a persistent pattern of negligent HOAs and bitter conflict between owner-occupants and investor-owners. Plus, an HOA attorney urges board members to regulate speech on social media. Colorado Why did it take 6 months for this HOA to repair this resident’s kitchen? Sometimes, a little intervention from your local TV investigative reporter gets your HOA to take action. Imagine living with an unusable kitchen Continue ReadingDysfunction in HOA-ville USA (November 2019)

PA homeowners sue HOA and its attorneys for filing frivolous lawsuit

By Deborah Goonan, Independent American Communities debgoonan@icloud.com Now that their years’ long HOA legal battle has come to an end, two Pennsylvania homeowners have filed a lawsuit against their HOA and its attorneys. Attorney Daniel D. Stofko, of Edelstien and Margolis law firm in Scranton, filed the lawsuit on behalf of Michael Glassic and his wife, Noreen Gorka.  The Stillwater Lakes Civic Association and their attorneys from Young & Haros, LLC — Nicholas C.  and Continue ReadingPA homeowners sue HOA and its attorneys for filing frivolous lawsuit