By Deborah Goonan, Independent American Communities Residents of an HOA-governed neighborhood, in a small town in Indiana, demand similar property values and restrictions for proposed new development. The Daily Journal reports that Windstar HOA is putting pressure on Franklin’s planning department to restrict a developer’s plans to build 478 homes that will connect to its subdivision. The name of the new development, The Bluffs at Youngs Creek, will occupy a 167 acre land parcel. The Continue ReadingHow HOAs pressure cities to create more HOAs
By Deborah Goonan, Independent American Communities In today’s post, IAC considers the question: in the relentless quest for protecting property values, haven’t some cities gone too far? Beware: Some cities turning into HOAs on steroids Several city and county governments in Georgia are up in arms about proposed restrictions on their power to dictate design elements of single-family and duplex homes. Five House representatives are sponsoring a bill that would prohibit local governments from Continue ReadingShould cities adopt HOA-like restrictions?
By Deborah Goonan, Independent American Communities Yesterday, the U.S. Supreme Court made its historic ruling that 8th Amendment’s protection against Excessive Fines applies to state and local governments across the country. The SCOTUS decision united all nine Justices, as well as liberal and conservative politicians and think tanks. Following this decision, one reader wrote and asked me: “Will this ruling also apply to HOA fines and home confiscations?” That’s a great question. And, as a non-attorney, Continue ReadingWhat do Civil Forfeiture and the 8th Amendment have to do with HOAs?
By Deborah Goonan, Independent American Communities Last month, State Superior Court Judge Christine A. Farrington issued her opinion on a 2-year-old legal dispute over Ramapo Mountain Lake (RML) Association’s legal rights to demand dues and place liens on more than 800 of its nearby homes. In short, Farrington ruled that RML is a common interest community (planned real estate development). As such, each property owner is legally obligated to pay annual assessments to maintain its Continue ReadingNJ court: homeowners are members of HOA, must pay fees for lakes