Like city government, HOAs impose abusive fines and fees

We the people Constitution

By Deborah Goonan, Independent American Communities Housing consumer advocates have spent the past several years exposing abusive fines and fees imposed by homeowners, condominium, and cooperative associations. Unfortunately, most advocacy groups ignore HOA abuse, even though it closely mirrors the behavior of some oppressive local government leaders. Local governments have long had the authority to impose fines for violations of health and safety codes. But recent trends reveal that city and county leaders are enacting Continue ReadingLike city government, HOAs impose abusive fines and fees

HOA study shows link between prejudice and ‘weak’ local government

By Deborah Goonan, Independent American Communities Over the weekend there’s been some internet buzz about a newly released study on homeowners associations in the United States. The study, The rise and effects of homeowners associations, by Wyatt Clarke and Matthew Freedman, uses information technology and a mathematical algorithm to pinpoint HOA member homes across the United States. Their comprehensive data analysis points to some unsurprising conclusions. HOA communities tend to be racially exclusive, and HOAs are Continue ReadingHOA study shows link between prejudice and ‘weak’ local government

HOA, condo & co-op case law and litigation highlights (April/May 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Spring highlights: Fair Housing Act violations, important HOA priority lien opinions, reversal of an Idaho jury decision, and more proof that HOAs and developers must abide by their own governing documents.   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult Group Continue ReadingHOA, condo & co-op case law and litigation highlights (April/May 2019)

HUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again

By Deborah Goonan, Independent American Communities Bay View, a seasonal community near Petoskey, Michigan, is in the news again for its alleged religious discrimination policy. In July 2017, members of the Bay View Chautauqua Inclusiveness Group sued Bay View Association, claiming the HOA limited ownership of cottages to members of the “Christian persuasion.” A Judge has already heard arguments, and the parties to the lawsuit await the court’s decision. In August of 2018, board members Continue ReadingHUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again