By Deborah Goonan, Independent American Communities One HOA in The Conservatory neighborhood of Aurora was recently awarded $13.5 million in arbitration with D.R. Horton. The construction defect claim was for reconstruction of a groundwater underdrain system that has caused basement flooding in the past. D.R. Horton had refused to repair the drainage system, leading … More Colorado: DR Horton loses another lawsuit, construction defect reform bill advances
By Deborah Goonan, Independent American Communities Both Florida and Pennsylvania Legislatures are considering bills to create accountability for association-governed communities. But the type of legislation differs vastly. Florida In Florida, the legislation under consideration will apply only to condominium and cooperative associations, but not to planned communities of single family homes. SB 1682 and companion … More Will state bills finally bring accountability to Association-Governed communities?
By Deborah Goonan, Independent American Communities Is the tide turning against nonjudicial foreclosure of HOA or condominium association liens? Real estate investors and condominium associations throughout Hawaii are reeling after U.S. District Court Judge Leslie Kobayashi published a decision that nonjudicial foreclosure of condominium assessment liens were illegal under state law. During the recent mortgage crisis … More Hawaii US District Court rules that nonjudicial condo association foreclosures were unlawful
By Deborah Goonan, Independent American Communities Homeowners of property in association-governed communities should read the following article, and others like it, even though the intended audience is mortgage lenders. Why? Because savvy consumers should understand the Big Picture, and how all parties in a dispute over your property are affected. The following article covers the … More Attorneys for mortgage lenders explain how HOAs exploit the system
By Deborah Goonan, Independent American Communities After listening to residents, and reading and learning about issues affecting association-governed common interest communities for more than five years, as well as writing about them for almost three years, something very important is happening. Finally, people are starting to discuss possible solutions to problems and alternative housing models. … More What can be done about HOA dysfunction?
By Deborah Goonan, Independent American Communities HOA Industry’s point of view is inconsistent, in light of its legislative quest for equal access to FEMA disaster relief. Once again, the industry is exposing its tendency to promote a double standard with regard to homeowner, condominium, and cooperative associations. Community Associations Institute (CAI) is notorious for being … More In search of equality: are HOAs businesses or not?
One builder dumps unfinished roads on HOA, another home builder files bankruptcy By Deborah Goonan, Independent American Communities In Madison County, Mississippi, home construction in the Chestnut Hill subdivision, which began in 2007, is only halfway completed. According to recent reports in the Northside Sun, only 50 of 100 planned homes have been built, and … More HOA homes lose value when developers, builders don’t follow through
By Deborah Goonan, Independent American Communities Last week, George Staropoli addressed the important issue of Covenants, Conditions, and Restrictions (CC&Rs) as adhesion contracts. In his blog entitled Are CC&Rs unenforceable adhesion contracts?, George references case law with regard to CC&R contracts commonly used in homeowners associations. As examples, he provides excerpts of the written opinions of Judges … More What can be done about unconstitutional clauses in HOA CC&Rs?
By Deborah Goonan, Independent American Communities A few months ago, Michael Novak, a resident of State Parkway Condominium in Chicago, was being threatened with fines by his condo association for having the audacity to communicate with his neighbors by door-dropping letters about an upcoming association meeting and election. (In case you missed it, you can … More Illinois condo legislation would increase transparency
by Deborah Goonan, Independent American Communities Colorado Construction Defects debate heats up, but is compromise possible? A new compromise bill has been introduced in the House, in the hopes that Colorado legislators can finally address the state’s highly controversial construction defect laws pertaining to common interest, association-governed communities. In past blogs, I have criticized the … More HOA Legislation updates – March 2017 (CO and FL)