HOA controversy updates (November 2018)

News Update chalkboard clock

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 …

HOA, condo & co-op case law, litigation highlights (October 2018)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities October 2018 highlights: some state laws won’t apply to your HOA; Associations hiring Private Eyes to collect delinquent dues; owners can’t sue the HOA attorney; California coastal access rights protected; updates to CA law with regard to construction defect lawsuits. Some Florida statutes not retroactive Depending on how their …

Colorado homeowners, HOA going after bankrupt developer

Court law legal books gavel

Homeowners left with flooded back yards, after developer fails to build retaining wall to divert stormwater By Deborah Goonan, Independent American Communities Imagine purchasing a brand new home, but, shortly after you move in, the developer declares bankruptcy and walks away before completing your community’s infrastructure. It happened to homeowners of a Monument, Colorado subdivision. …

$3M HOA assessment looming for NJ condo owners

8017 8018 Brittany Chase condos Wayne NJ

By Deborah Goonan, Independent American Communities The North Jersey Record reports that a Wayne, New Jersey, condominium association is facing a huge special assessment, because the foundations of two of its 395 condos are failing. Several homes in the compact Brittany Chase Condo community are built into a steep slope. Two attached homes in on …

After a mudslide in this Hawaii community, HOA members assessed $3,900

Hawaii mountains hillsides clouds

Many owners of property in association-governed communities have a fundamental misunderstanding of the concept of "common interest."   By Deborah Goonan, Independent American Communities Today's feature article about special assessments features mudslide-plagued Launani Valley in Mililani, Hawaii. The community of more than 800 homes was originally established in 1992-1993. As the reader can see in …

Development agreement creates extra expense for HOA, future homeowners

Hand shake development agreement contract

By Deborah Goonan, Independent American Communities Today’s featured article highlights problems that occur when local governments engage in poorly thought out contracts with real estate developers, commonly known as developement agreements. Homeowners in McCormick Creek recently learned that they could be legally obligated — via their homeowners’ association — to pay for maintenance of a …

Condo owners mulling cheaper solution to stop Millennium Tower from sinking and tilting

Google satellite image of Millennium Tower San Francisco

By Deborah Goonan, Independent American Communities San Francisco’s Millennium Tower has gained notoriety for sinking 18-inches into the soil beneath the mammoth structure, causing the building to tilt to one side. For several years, condo owners and the homeowners association have been engaged in legal battles with the developer. Both sides conducted various invasive tests …

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 …

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 …

Cities can’t deny it: privatized HOA infrastructure not holding up as planned

Putting developers, homeowners in charge of paying for and maintaining private roads and storm water drainage has multiple unintended consequences By Deborah Goonan, Independent American Communities Leland Town Council has their hands full with persistent flooding, for the past several years, in Magnolia Greens subdivision. Magnolia Greens is a well-established golf course community near Wilmington, …