Category Archives: Fifth Amendment (Due Process)

HOA Issue #4: AZ court ruling on HOA power to fine: a game changer in the industry?

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RULE blackboard authority Know the rules

Oct. 2017: Arizona appeals court rules that, before an HOA can legally fine a resident, it must first publish a schedule of reasonable fines. HOA attorney complains that new court ruling makes it difficult to impose monetary fines By Deborah Goonan, Independent American Communities In October, 2017, an Arizona appeals court ruled that, before an association-governed community can legally fine a resident for a violation of Covenants, Conditions, & Restrictions (CC&Rs) or applicable Rules and Continue ReadingHOA Issue #4: AZ court ruling on HOA power to fine: a game changer in the industry?→

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How much authority is appropriate for private police officers & the communities they serve?

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Suspended police officer sentenced to prison for harassing neighbor in his NC HOA   By Deborah Goonan, Independent American Communities It is becoming fairly common for homeowner, condo, and cooperative associations to employ or contract with private security services. Sometimes the association chooses active or retired police officers to serve that role. In North Carolina, the lines between public and private police agencies is blurred by the establishment of private agencies such as the Nova Continue ReadingHow much authority is appropriate for private police officers & the communities they serve?→

FL HOA rejects “single family” occupancy amendment to CCRs

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By Deborah Goonan, Independent American Communities A Florida HOA board recently made an attempt to create an HOA restriction for “single family occupancy” of homes. What’s noteworthy about this report is that, in this case, the “single family occupancy” restriction does not exist in the original governing documents, therefore the HOA had to obtain a supermajority vote of approval to add the restriction. Homeowner votes were split half and half, so the restriction was rejected. Continue ReadingFL HOA rejects “single family” occupancy amendment to CCRs→