By Deborah Goonan, Independent American Communities This month: a Vermont court upholds homeowner obligations to pay for common maintenance. Other case law clarifies property and fair housing rights of homeowners. Owner Responsible For Share Of Costs To Maintain Subdivision Facilities (VT) by Husch Blackwell LLP Holding: The Supreme Court of Vermont held that a homeowners association, as assignee from the developer, could charge lot owners for its reasonable costs to maintain the subdivision private roads Continue ReadingHOA, condo, & co-op case law and litigation highlights (Dec. 2018, part 2)
By Deborah Goonan, Independent American Communities Periodically, IAC provides updates on previously covered HOA news. This post provides three updates: Status of Florida homeowners and HOAs waiting for KB Homes to honor their multimillion dollar out-of-court settlement involving improperly applied stucco Update on Illinois homeowners who were pressured into forming an HOA to take back two retention ponds that were sold at a tax deed sale Fair Hosing court win for Idaho homeowner Jeremy Morris, Continue ReadingHOA controversy updates (November 2018)
By Deborah Goonan, Independent American Communities Is America a nation divided by homeowners’ associations (HOAs)? Stakeholders in the real estate industry are fond of promoting association-governed common interest developments as utopian neighborhoods with a “sense of community.” You’ve probably seen the commercials for lushly landscaped planned subdivisions and villages, right? The ones that show happy, healthy active adults biking, playing golf, or eating sushi together. Or maybe you’re still working and raising children. You might Continue ReadingNot-so-United States: a nation divided by HOAs
By Deborah Goonan, Independent American Communities As explained in a previous post, in 2016, HUD published a rule that clarified that association-governed boards and their managing agents have legal duty to prevent housing discrimination in their communities. Some industry leaders, including members of trade group Community Associations Institute (CAI), expressed strong disapproval of the Quid Pro Quo/Hostile Environment Rule. Some professional were spreading misinformation, insisting that HUD expected homeowners, condominium, and cooperative association leaders to Continue ReadingCan your HOA end neighbor on neighbor housing discrimination?