Category Archives: Insurance Liabilities & Litigation

HOA’s ‘poor decisions’ lead to multimillion dollar jury verdict

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By Deborah Goonan, Independent American Communities Sometimes an HOA board’s poor decision leads to human tragedy. And that tragedy, in turn, opens up the Association to huge liabilities in personal injury or wrongful death lawsuits. The latest report comes to us from Florida, the result of a bicycle accident. In April 2016, James Schnurr was cycling behind his wife, Christine, when he crashed into a pole on the bicycle path of Jonathan’s Landing, in Jupiter, Continue ReadingHOA’s ‘poor decisions’ lead to multimillion dollar jury verdict→

Do housing consumers benefit from integrated Condo HOA management?

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  By Deborah Goonan, Independent American Communities   During the past several years, I’ve noticed several changes in the homeowners’ association management industry. In my opinion, some of these changes do not benefit homeowners. First, large management companies continue to buy up smaller management businesses, decreasing competition. That’s been happening for years. But, more notably, the larger HOA management firms keep adding extra services — and revenue streams — to their business models. HOA, condo Continue ReadingDo housing consumers benefit from integrated Condo HOA management?→

HOA, condo, & co-op case law and litigation highlights (Feb. 2019)

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  By Deborah Goonan, Independent American Communities This month: HOA and homeowner rights when making construction defect claims; limited obligations for housing providers under Fair Housing Act; application of FDCPA to HOA fee collections; exceeding liability insurance limits; Free Speech in HOAs. Illinois: home and condo owners cannot hold subcontractors responsible for defective construction In a recent Supreme Court ruling, construction industry subcontractors scored a big win, at the expense of home and condo owners Continue ReadingHOA, condo, & co-op case law and litigation highlights (Feb. 2019)→

Will HOA pay when common sewer line backs up into your condo?

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By Deborah Goonan, Independent American Communities How would you feel if you were the unlucky homeowner in your condominium — the owner of a lower level unit, and the repeated site of sewage backup whenever the pipe gets clogged? A Roy, Utah, homeowner in Rosewood Manor Condominium Association, Lorie Kerr, is that unlucky homeowner, and she’s extremely frustrated. A she explains to Matt Gephardt of KUTV, her condo has been damaged twice by raw sewage Continue ReadingWill HOA pay when common sewer line backs up into your condo?→