Lawsuit: HabiJax, City shift blame for problems at Fairway Oaks

By Deborah Goonan, Independent American Communities Two years after Fairway Oaks HOA filed a lawsuit against the City of Jacksonville and HabiJax, there's still no relief in sight for homeowners. In yet another move to dismiss the lawsuit, the City blames several other parties for current conditions at the affordable housing complex. Those other parties …

HOA, condo & co-op litigation and case law highlights (Dec. 2018)

By Deborah Goonan, Independent American CommunitiesDecember 2018 HOA litigation and case law highlights: business judgment rule, assessment collection following bankruptcy, and HOA foreclosure rights and limitations. How Is The Business Judgment Rule Applied To Board Actions?by Husch Blackwell LLP November 14, 2018 The Business Judgment Rule can be a great protection for condo and HOA …

Just in time for Christmas, $75K jury award in HOA lawsuit

By Deborah Goonan, Independent American Communities Earlier this month, a Federal Court jury awarded $75,000 to Jeremy and Kristy Morris in their lawsuit against their HOA. The HOA lawsuit, filed January 2017, accused the HOA of anti-Christian religious discrimination. The jury agreed that West Hayden Estates Homeowners’ Association violated the Fair Housing Act, with its …

Disabled woman stuck with bills for moldy condo

Plumbing pipes wrench leak

Water was slowly leaking into her condo. But the disabled homeowner could not smell the mold until her unit was heavily damaged. By Deborah Goonan, Independent American Communities Many people who buy into the condominium lifestyle do so expecting both affordability and ease of maintenance. But for 72-year-old Judy Young of Orlando, life at One Thousand …

More and more attorneys willing to sue the HOA

By Deborah Goonan, Independent American Communities IAC is reading an increasing number of reports about attorneys willing to sue your HOA. Sure, industry trade groups will attempt to convince Americans that residents are satisfied with life in a common interest community association. But, there’s no doubt about it: homeowners, condominium, and co-op associations are highly litigious …

HOA to pay $31K, add handicapped parking for residents

Disabled handicapped parking sign

By Deborah Goonan, Independent American Communities As part of a legal settlement with four disabled residents who filed a HUD complaint, a PA HOA installs handicapped parking spaces as a reasonable accommodation under the Fair Housing Act. The Village of Valleybrook Homeowners Association agreed to a $31,000 settlement, including handicapped parking accommodations, for four disabled …

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 …

Where can homeowners turn for help with HOA problems?

I get a lot of requests from homeowners and residents seeking help with HOA problems. What can you do when things go wrong with your HOA?

By Deborah Goonan, Independent American Communities I get a lot of requests from homeowners and residents seeking help with HOA problems. What can you do when things go wrong with your HOA? It depends on the issue, but I try to guide readers to limited available resources. The truth is, while the HOA industry is …

Ravine erosion threatens property, homeowners file lawsuit

By Deborah Goonan, Independent American Communities According to a homeowner lawsuit recently filed in Fort Bend County, Texas, Weston Lakes POA is not addressing a serious erosion problem in their drainage ravine. Joe and Jill Nixon purchased what they thought was their dream home in Riverwood Forest at Weston Lakes in July 2015. But within …