By Deborah Goonan, Independent American Communities Following yesterday’s blog, Legislation should limit power of HOAs, a reader sent the following comment: This article raises many important issues and misunderstandings about HOA governance. At the Owner level, far too many Owners do not understand their Governing Documents and their rights and duties under those Governing Documents, particularly … More Do homeowners experience due process in HOAs?
By Deborah Goonan, Independent American Communities An interesting trend is happening across the U.S. Local media are engaging in investigative reports that highlight the fact that homeowners associations (HOAs) have far too much power. To illustrate, here is a recent report from the state of North Carolina. Homeowners share cautionary tales of HOA nightmares Diane Wilson, … More Legislation should limit power of HOAs
By Deborah Goonan, Independent American Communities Arizona Governor Doug Ducey has signed HB2411. The bill amends current Statute with regard to open meetings, recording of meetings by members of the association, and secret ballot requirements. An unrelated amendment was also included – section 33-440, which specifies that property owners may make amendments to a previously recorded declaration … More HOA, Condo, Co-op Legislation updates (May 2017 – AZ, CO, FL, HI)
Homeowners fed up with what they say is bully behavior By Deborah Goonan, Independent American Communities Today’s report from KSHB in Kansas City, Missouri, highlights a big problem for many association-governed planned communities: developers that control their new home neighborhoods with an iron fist. According to the report, homeowners in Copperfield Home Owners Association … More Kansas City homeowners rebel against developer controlled HOA
By Deborah Goonan, Independent American Communities Arizona Arizona’s legislative session concluded yesterday. Although approved by both houses of the state Legislature, Governor Ducey vetoed HB 2321, a bill that would have prohibited cumulative voting in association-governed communities. Arizona governor vetoes homeowner association voting bill Mar 31, 2017 (The Daily Progress) PHOENIX (AP) — Arizona Gov. … More Legislative updates April 2017 (AZ, HI, MD)
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?