By Deborah Goonan, Independent American Communities Sadly, once again, I’m seeing reports of homeowners associations denying disabled residents the right to safely enjoy their homes. The latest reports come to us from Tennessee, where residents from two HOA-governed communities have filed complaints with the Tennessee Fair Housing Council (TFHC). Veteran, amputee denied wheelchair ramps by his HOA News Channel 5 and The Tennessean report that the Meadows of Seven Points HOA (Hermitage) ordered William and Continue ReadingLaws alone won’t change hearts of your HOA neighbors
By Deborah Goonan, Independent American Communities This month: class action lawsuit involving special assessment for balcony defects; homeowner sues claiming racial discrimination; HOA refuses to allow veteran to put up a flagpole and fly the American flag Georgia: Class action lawsuit says condo association relied on fake building engineer’s advice, and it cost unit owners $5,000 apiece According to a report from WSB-TV, several years ago, homeowners of 1280 West condominium were forced to pay Continue ReadingWho’s suing the HOA now? (Feb 2019)
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 This month: HOA and homeowner rights when making construction defect claims; limited obligations for housing providers under Fair Housing Act; application of FDCPA to HOA fee collections; exceeding liability insurance limits; Free Speech in HOAs. Illinois: home and condo owners cannot hold subcontractors responsible for defective construction In a recent Supreme Court ruling, construction industry subcontractors scored a big win, at the expense of home and condo owners Continue ReadingHOA, condo, & co-op case law and litigation highlights (Feb. 2019)