HOA, condo, co-op litigation and case law news (Aug./Sept. 2018)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Highlights of court rulings on legal disputes between association-governed communities and their members or third parties.  This South Carolina case should serve as a home buyer beware warning. When you buy into a golf community, or any other amenity-rich community, subject to Covenants, Conditions, & Restrictions that require club …

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Phase 1 POA suing Millville by the Sea Master Association and others

Sand Dollar Village POA says developers cut off services, amenities to homeowners following a 2014 restructuring of the Master Community Association By Deborah Goonan, Independent American Communities In some parts of the U.S., local governments are fond of approving developement plans for large scale common interest communities with thousands of homes and an elaborate array …

It’s time to deregulate homeowners and restore private property rights

By Deborah Goonan, Independent American Communities   Legislative sessions are winding down across the U.S. And some states, once again, considered bills that are intended to rein in abuse and corruption of a virtually unregulated industry: association-governed, common interest communities, more commonly known as homeowners’ associations or HOAs. As explained in a previous post Recipe for …

Homeowners, residents cope with dysfunctional, abusive HOAs

By Deborah Goonan, Independent American Communities 90-year-old woman stuck with flooded basement, no A/C for over two months Ameera David 5:59 PM, Aug 15, 2018 6:00 PM, Aug 15, 2018 ST. CLAIR SHORES (WXYZ) - A basement in shambles is what 90-year-old Lillian Arnone has to look at every day. The St. Claire Shores homeowner …

FL DBPR investigating one of its former condo regulators

Legal gavel lawsuit

By Deborah Goonan, Independent American Communities Edited August 19, 2018 6:53 AM  Reports of corruption involving condo and homeowners’ associations have become so common, I usually group several articles in a monthly “roundup” post. But today’s post involves corruption so outrageous, it needs to be highlighted. According to an exclusive investigative report by Bob Norman, …

Holding HOAs, developers, and your city government accountable

Help-button

By Deborah Goonan, Independent American Communities Sometimes it can be difficult to determine who should be held accountable for addressing community-related complaints.  What would you do, if faced with these dilemmas?   In one New York State community for adults age 55 and better, homeowners are taking their concerns about an unresponsive developer directly to …

It’s time to deregulate homeowners and restore private property rights

By Deborah Goonan, Independent American Communities   Legislative sessions are in full swing across the U.S. And some states are, once again, considering bills that are intended to rein in abuse and corruption of a virtually unregulated industry: association-governed, common interest communities, more commonly known as homeowners’ associations or HOAs. As explained in a previous …

HOA, condo, & co-op case law and legal highlights (July 2018)

By Deborah Goonan, Independent American Communities This month’s highlights seem to have a common theme. HOA, condo/co-op statutes offer limited protection for housing consumers, and are a source of mass confusion.   Judge: Illinois condo law not meant to control 'reasonable' fees for electronic condo sale documents Excerpts: A Chicago federal judge has tossed a …

Proof positive that HOA priority lien does more harm than good

By Deborah Goonan, Independent American Communities KTNV’s Darcy Spears, founder of the HOA Hall of Shame, recently investigated an outrageous case of a homeowner’s association that foreclosed on a half-million dollar property for a measly $30,000. Las Vegas woman's home goes to auction before short sale completed due to delinquent HOA dues Darcy Spears 4:23 …

Homeowners want to know: what’s taking HOA so long to fix the pool?

Swimming-pool-feet-in-water

By Deborah Goonan, Independent American Communities Summer in Las Vegas — daytime temperatures more than 100 degrees Fahrenheit, overnight low temps above 80 degrees. In that intense heat, the main reason residents of Qunitessa at Mountain’s Edge dare to venture outside is to take a quick dip in the community swimming pool. But this summer, …