Category Archives: Fifth Amendment (Due Process)

Illinois condo HOA legislation update (March 2019)

Posted on by

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

Posted on by
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?

Posted on by
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)

Posted on by
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)→