NJ court: homeowners are members of HOA, must pay fees for lakes

Gavel and legal books lawsuit court

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

Arizona’s disastrous attempt at regulation of short-term rentals

Arizona water view vacation homes

By Deborah Goonan, Independent American Communities   What can homeowners do about short-term rental homes causing nuisances in their neighborhoods? In Arizona, not much. Short-term rentals are a hot trend in Arizona and across the U.S. Believe it or not, taking on lodgers for vacation rentals or special events is no longer limited to condominiums. Owners of single family homes have discovered a healthy market for families and larger groups of people willing to pay Continue ReadingArizona’s disastrous attempt at regulation of short-term rentals

PA attorney suspended for “abusing the court system” with condo lawsuits

By Deborah Goonan, Independent American Communities Pennsylvania Supreme Court recently suspended an attorney for misrepresenting his client by filing multiple baseless lawsuits against a condominium association.   It’s common knowledge that suing one’s homeowners or condo association is akin to a David vs. Goliath battle. State law skews in favor of the mandatory membership associations, and an HOA benefits from its collective resources, including a sizable pool of money from assessments and fees. That seemingly Continue ReadingPA attorney suspended for “abusing the court system” with condo lawsuits

Who’s suing the HOA now? (Jan 2019)

Court law legal books gavel

By Deborah Goonan, Independent American Communities This month’s collection of lawsuits filed against HOAs includes Fair Housing Act violations, condo residents made ill due to mold in the common areas, and a homeowner’s request to de-annex his home from the HOA.   Florida Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs These new policies and signs have raised awareness of the perceived abuse of ESAs by people trying to Continue ReadingWho’s suing the HOA now? (Jan 2019)