Category Archives: Fifth Amendment (Due Process)

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

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We the people Constitution

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?→

Illinois condo HOA legislation update (March 2019)

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By Deborah Goonan, Independent American Communities The Illinois Legislature is considering several bills that would limit Home Rule power of local governments; mandate that a condo board must provide nominal due process before levying a fine; change the process for payment of property taxes; and increase transparency and disclosure requirements.   HB 29 would stop local government from enacting Ordinances that contradict state law The bill states that a local government, including a Home Rule Continue ReadingIllinois condo HOA legislation update (March 2019)→

NC Homeowners Associations hope to get their day in Federal Court

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Property does not have rights People do

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?→