Category Archives: Fifth Amendment (Due Process)

NC Homeowners Associations hope to get their day in Federal Court

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By Deborah Goonan, Independent American Communities Last summer, I posted an article about several lake communities struggling to pay to fix dams that are no longer safe or functional. In that article, I cited as an example several North Carolina lake communities. Devonwood-Loch Lomond, Rayconda and the Strickland Bridge Road Homeowners Associations’ and residents’ filed a Federal lawsuit to force the city of Fayetteville to rebuild their lakes’dams, all of which were breached during Hurricane Continue ReadingNC Homeowners Associations hope to get their day in Federal Court→

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?→

HOA, condo, co-op litigation and case law highlights (May 2018)

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Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities A collection of interesting and important case law from around the U.S. New rulings affecting HOA Collections, foreclosure liens, and rules enforcement in several states across the U.S. MARYLAND’S HIGHEST COURT HOLDS THAT CONDOS MAY NOT BY RULE SUSPEND A UNIT OWNER’S ACCESS TO COMMON ELEMENTS FOR DELINQUENT ASSESSMENTS Posts by Raymond D. Burke, June 27, 2017 The Maryland Court of Appeals has invalidated a rule adopted by a condominium Continue ReadingHOA, condo, co-op litigation and case law highlights (May 2018)→

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?→